Court No. - 76
Case :- APPLICATION U/S 482 No. - 42837 of 2019 Applicant :- Moh. Islam Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Nitin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
1. Supplementary affidavit filed by the learned counsel for the applicant today in the Court, is taken on record.
2. Heard Sri Nitin Kumar, learned counsel for the applicant and learned A.G.A for the State as also perused the record.
3. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 01.11.2019 passed by the Additional Principal Judge, Family Court, Mau as well as stay the proceedings of Case No. 2812 of 2014 (Arman and another vs. Moh. Islam) under Section 128 Cr.P.C., Police Station-Muhammdabad Gohna, District-Mau, pending in the court of Additional Principal Judge, Court no.2, Family Court, Mau.
4. It has been contended by learned counsel for the applicant that the marriage of applicant and Smt. Sartak Bano (mother of opposite party nos. 2 & 3) was solemnized in the year 1994. The applicant gave divorce to mother of opposite party nos. 2&3 in the year 1996. Subsequently, after 12 years of divorce, the opposite parties filed a case under Section 125 Cr.P.C. before the concerned court below. The concerned court below passed ex-parte order on 21.08.2014 directing the applicant to pay Rs. 750/- to opposite party no. 2 (son) from the date of application till he becomes major and Rs. 750/- to opposite party no.3 (daughter) as maintenance till she gets married. The maintenance allowance was to be given on or before 23rd of every month. It has further been contended that without realizing the fact that the opposite party no. 2 has attained majority, the court below has passed the order dated 01.11.2019 whereby recovery of Rs. 17,000/- has been issued against the applicant.
5. In view of the above, the impugned order dated 01.11.2019 passed by the concerned court below is set aside. It is directed that the concerned court below may calculate the amount after considering the fact that the opposite party no.2 (son) has attained majority and pass appropriate order, in accordance with law, for recovery of arrears due towards maintenance.
6. With the aforesaid directions, the application is finally disposed of.
Order Date :- 18.12.2019 JK Yadav