Court No. - 64
Case :- APPLICATION U/S 482 No. - 36155 of 2019 Applicant :- Gulzar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of impugned order dated 28.3.2019 passed by learned Addl. Chief Family Court, Kanpur Nagar in Complaint Case No. 197 of 2016, Huma Arif versus Gulzar, under Section 125 Cr.P.C., P.S. Bajariya, District Kanpur Nagar whereby the court below has directed the applicant to pay interim maintenance amount of Rs.5,000/- per month to the wife.
Heard learned counsel for applicant and learned A.G.A. and also perused the record.
Counsel for the applicant has not been able to point out any such illegality, impropriety or incorrectness, much less than any abuse of court's process in the impugned order or proceedings which may persuade this Court to interfere in the same. The interim maintenance amount of Rs. 5000/- per month to the wife fixed by the court below does not appear to be either excessive or disproportionate in these days of high price rise.The provisions of Section 125 of Cr.P.C. are meant to provide some succour to the neglected wives and children in order to avert them to lead a life of destitution and vagrancy. Moreover, this amount is an interim measure and the final adjudication has to be done on the basis of complete material and evidence that may be produced during the course of proceedings. The impugned order reflects judicial application of mind. There is absolutely no good ground to take a different view of the matter than that has been taken by the court below by way of impugned order.
Application lacks merit and therefore stands dismissed.
Order Date :- 27.9.2019 CPP/-