Court No. - 64
Case :- APPLICATION U/S 482 No. - 35895 of 2019 Applicant :- Gitesh @ Anshu Opposite Party :- State Of Up And Anr Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 21.07.2017 and another order dated 11.01.2019 as well as entire proceedings in Case No. 122 of 2017, under Section 125 Cr.P.C. passed by Principal Judge, Family Court, District Auraiya.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
At the very outset the counsel for applicant has not press the prayer so far as the quashing of the impugned orders is concerned. The only submission made by the counsel is that applicant is willing to pay the amount but because of the stringent economic condition the applicant is not able to pay the whole amount in two instalments as has been ordered by the court below and therefore, some convenient instalments in that regard may be made.
In view of the submissions made by the counsel the application stands dismissed.
However, in the facts and circumstances of the case and keeping in view of the nature of amount of maintenance being an interim maintenance and also keeping in view the other facts and circumstances of the case this Court deems it fit and proper to direct that in place of two installments the applicant is directed to deposit the total amount of arrears accruing till today in six equal installments within a period of six months from today. The monthly amount of maintenance as has been ordered shall remain as such unaffected.
Order Date :- 26.9.2019 P.S.Parihar