Court No. - 64
Case :- MATTERS UNDER ARTICLE 227 No. - 4711 of 2019 Petitioner :- Hasmat Ali Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Shrinath,Chandrakant Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
By way of the instant petition, the petitioner has sought quashment of the order dated 29.11.2016 passed by the Civil Judge (Senior Division), F.T.C., Kanpur Nagar, the order dated 30.01.2018 passed by the Additional Sessions Judge, Court No.17, Kanpur Nagar and the order dated 01.05.2019 passed by the Additional Chief Metropolitan Magistrate-IV, Kanpur Nagar.
Contention made on behalf of the petitioner is that the petitioner being very poor man could not pay the amount of maintenance along with lump sum interest due to which criminal appeal preferred by the petitioner before the lower appellate court has been dismissed.
It has been further added that the petitioner being poor man cannot meet requirement of the maintenance awarded by the courts below. Therefore, the orders impugned in the instant petition may be quashed by this Court.
Learned A.G.A. has supported the impugned orders. Considered the submissions.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously, it is up to the petitioner to act in compliance of the orders passed by the courts below as respondent no.3 Smt. Sabiha Parveen is none other than wife of the petitioner and liability is always on the husband - petitioner to maintain her. No good ground is made out for quashment of the impugned orders. Accordingly, the prayer for quashment of the impugned orders is refused.
Consequently, the instant petition is dismissed.
Order Date :- 30.5.2019 rkg