Court No. - 45
Case :- APPLICATION U/S 482 No. - 46036 of 2018 Applicant :- Rahmat Ali Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Girish Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 22.10.2018 as well as the entire proceedings of Case No. 101 of 2018, under Sections- 125(3) Cr.P.C., Police Station- Bhuta, District- Bareilly.
Submission is that the applicant has defaulted in complying earlier order passed by this Court on 20.12.2017. On account of default, the protection granted to him regarding stay of 50% amount of maintenance has come to end. Therefore, the entire amount of maintenance has become payable from the date of application and recoverable from the applicant.
This application is disposed of directing the applicant to deposit the entire amount of arrears from the date of application till the date of order in 6 equal being monthly instalments starting from 1st January, 2019 and comply the order dated 20.12.2017 passed by this Court regarding payment of monthly amount of maintenance. In default of payment as aforesaid, this order shall stand automatically vacated.
Any amount deposited by the applicant towards the arrears of maintenance amount shall be adjusted by the court below.
Order Date :- 19.12.2018 Ruchi Agrahari