Court No. - 72
Case :- APPLICATION U/S 482 No. - 2290 of 2019 Applicant :- Narendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
At the very outset, learned counsel for the applicant submits that though this application u/s 482 is directed against an ex parte order of maintenance passed in proceedings under Section 125 of the Code of Criminal Procedure but the real grievance is against the proceedings under Section 128 of the Code of Criminal Procedure. He contends that after the compromise has already been arrived at between the parties and a decree of mutual divorce has passed on 06.12.2014 whereunder the applicant has deposited half of the amount and is ready to deposit balance amount, there remains nothing to further pursue the matter under Section 128 of the Code of Criminal Procedure.
He has drawn the attention of the Court on the last line of the compromise order in which it is clearly mentioned that Smt. Priti @ Pinki will not be entitled to any amount towards maintenance in future from the applicant.
In the considered opinion of the Court, an appropriate application may be moved along with certified copy of decree of mutual divorce so that the Court below may pass appropriate order in the matter of proceedings under Section 128 of the Code of Criminal Procedure.
However, the liberty is granted to move appropriate application along with the compromise so arrived in between the parties within 15 days from today and in the event such an application is moved, the same shall be considered and decided by a speaking and reasoned order after giving full opportunity of hearing within a further period of six weeks.
Accordingly, this application u/s 482 stands disposed of.
Order Date :- 21.1.2019 P Kesari