Court No. - 72
Case :- APPLICATION U/S 482 No. - 17341 of 2019 Applicant :- Mahesh Atri Opposite Party :- State Of Up And Another Counsel for Applicant :- Gaurav Pundir,Rituraj Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Gaurav Pundir, learned counsel for the applicant and learned A.G.A for the State as also perused the record.
2. This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Misc. Case No. 220 of 2018 (Mahesh Atri Vs. Tanushree), under Section- 126(2) Cr.P.C., District- Gautam Budh Nagar, pending before the Principal Judge, Family Court, Gautam Budh Nagar.
3. Learned counsel for the applicant submits that against the ex-parte order dated 15.03.2018, the applicant has filed an application under Section 126(2) Cr.P.C. on 30.05.2018, which has remained pending for almost one year. In the meanwhile, part payment of maintenance allowance has been paid inasmuch as learned counsel for the applicant states that an amount of Rs.1,00,000/- has already been paid over to the opposite party no.2. As to his means, it has been submitted that the salary income of the applicant is about Rs.73,000/- per month, of which, Rs. 39,000/- is required to be paid by way of maintenance allowance, which amount, if paid, would leave the applicant with insufficient means to take care of his family inasmuch as he has remarried and had two children.
4. Accordingly, without expressing any opinion on the merits of the case, the present application is disposed of with a direction to the learned court below to decide the aforesaid case in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order, if there is no other legal impediment.
5. In the meanwhile, it shall open to the applicant to approach the learned court below with a further application for stay of the recovery proceedings on such terms and conditions, the learned court below may deem appropriate.
Order Date :- 30.4.2019 Abhilash