Court No. - 72
Case :- APPLICATION U/S 482 No. - 6525 of 2019 Applicant :- Kushmanda Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
This application U/s 482 Cr.P.C. is directed against the order dated 07.12.2018, whereby, the recall application of the husband has been allowed for cost of Rs. 5,000/-. It is stated that on 18.08.2018 pursuant to recovery warrant an undertaking was given by the husband by depositing Rs. 10,000/- that he shall deposited entire arrears which has become due upon him, however, inspite of the said undertaking the court has allowed the restoration application without considering the objection of present applicant that the arrears have not been paid in spite of due undertaking given before the court.
Be that as it may, this court feels that the matter between husband and wife with regard to the maintenance is required to be decided on merits after considering their rival claims as not only the question is of the wife to be maintained but also involves the issue of financial capacity of the husband so that the equity may be balanced between the parties.
In view of the above, therefore, this Court declines to interfere with the order impugned. However, it is hereby directed that the pending 125 Cr.P.C. application shall be decided within a period of three months from the date of production of certified copy of this order after giving full opportunity of hearing to the parties.
With the aforesaid directions, the present 482 Cr.P.C. application is hereby disposed of.
Order Date :- 21.2.2019 IrfanUddin