Court No. - 65
Case :- APPLICATION U/S 482 No. - 21523 of 2019 Applicant :- Gulam Ali Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been filed seeking quashing of the order dated 17.12.2018 passed by the Judge Family Court/Addl. Sessions Judge, Fast Track Court No.3, Moradabad in Case No. 299 of 2017 (Old Case No. 620/09 of 2017) Smt. Heena Naj versus Gulam Ali, under Section 125 Cr.P.C. , P.S. Katghar, District Moradabad.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has not been able to point out any illegality, impropriety or incorrectness much less than any abuse of the court's process which may persuade this Court to interfere in the impugned order. The impugned order reflects judicial application of mind. The facts and circumstances of the case have been well discussed. The allegation of committing cruelty upon the wife which included forceful abortion and making assault and beating were also taken into account. The factum of neglecting the wife is apparent on the face of record as per the allegation. The other aspects have also been well discussed. Rs. 3,000/- per month fixed as maintenance allowance to the wife by the court below cannot be said to be either excessive or disproportionate in the present days of high rise price. In fact, it appears on the lower side. But at any rate, the application lacks merit and there is no good reason to interfere in the impugned order.
The application is accordingly, dismissed.
Order Date :- 29.5.2019 CPP/-