Court No. - 64
Case :- APPLICATION U/S 482 No. - 32481 of 2019 Applicant :- Mohd. Ayub Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of impugned order dated 14.06.2019 passed by the learned Family Judge, Family Court, Kanpur Nagar in Case No. 577 of 2001 (Smt. Shaira Begum and Others Vs. Mohd. Ayub), under Section 125 Cr.P.C., Police Station Rail Bazar, District Kanpur Nagar, pending in the court of learned Family Judge, Family Court, Kanpur Nagar.
Heard learned counsel for applicant and learned A.G.A. Perused the record.
The only submission made by counsel for applicant is that the applicant has no good resources of income and there are very stringent circumstances and economically, he is facing great hardship as he has extremely limited resources of income. That is why he could not comply with the impugned order regarding the payment of maintenance. Further submission is that now he is required to pay Rs.10,000/- on each date which is not only causing great hardship to the applicant but in fact is also virtually beyond the means of the applicant. Submission is that the applicant has all the intention to make payment good but the only relief which he wants is to the effect that the terms of payment may be relaxed and may be made convenient so that applicant may comply with the impugned order. Learned counsel for the applicant does not press the prayer so far it relates to quashing of the impugned order dated 14.06.2019.
In view of the submission made by the applicant's counsel the prayer for quashing of the impugned order dated 14.6.2019 stands dismissed.
However, in the circumstances of the case this court grants liberty to the applicant to move an application to the same effect before the concerned court. If an application in this regard is moved within a period of two weeks from today, the court concerned shall look into the same and pass appropriate order upon it. The court below shall have the right to proceed in the matter and make some convenient installments regarding the payment keeping in view the circumstances of the applicant as it may deem fit in accordance with law. If the court below deems it proper to relax the terms and make some convenient installment on the humatarian ground it shall have the power to do so on the strength of the directions that has been issued by this Court in exercise of inherent powers under Section 482 Cr.P.C.
With the aforesaid observations, this application stands disposed off.
Order Date :- 26.8.2019 P.S.Parihar