Court No. - 85
Case :- APPLICATION U/S 482 No. - 11008 of 2021 Applicant :- Rajneesh Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Pandey,Suman Mishra Counsel for Opposite Party :- G.A.,J.P. Singh
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned counsel for the opposite party No. 2, 3 and 4 and learned AGA for the State and perused the record.
This application has been filed with a prayer to quash the order dated 25.3.2021 passed in Maintenance Case No. 527 of 2013, under Section 125 Cr.P.C. passed by Chief Family Judge, Muzaffarnagar.
It has been argued by learned counsel for the applicant that the applicant that applicant is a driver who is earning Rs. 5,000/- per month, hence instead of paying Rs. 9,000/- per month to O.P. No. 2, 3 and 4, this Court may reduce the amount of maintenance from Rs. 9,000/- to Rs. 6,500/-. Learned counsel for the applicant further states that due to some financial hardships, he cannot pay the amount of maintenance of Rs. 9,000/- as has been granted by the Family Court.
Learned counsel for the opposite party No. 2 opposed the prayer and states that that the applicant has not paid any arrears of maintenance as has been ordered by the Family Court.
Learned counsel for the applicant as well as learned counsel for the opposite party nos. 2, 3 and 4, jointly agreed that this application may be disposed of by reducing the maintenance amount from Rs. 9,000/- to Rs. 6,500/- which shall be paid by the applicant to the opposite party nos. 2, 3 and 4, regularly to reach the case at its logical end.
Taking into account the case, the impugned order is modified to the extent that the applicant shall go on paying Rs. 6,500/-, per month regularly as maintenance to the O.P. No. 2, 3 and 4 in place of Rs. 9,000/-, as has been ordered by Family Court and so far as the arrears are concerned of three months i.e. Rs. 27,000/- shall be paid to the opposite party no. 2, 3 and 4 within one month.
If the applicant pay the arrears as directed above within one month, no coercive action shall be taken against them in pursuance of the recovery warrant.
In case, the applicant failed to deposit the aforesaid amount within time, the court below will be at liberty to proceed against the applicants in pursuance of recovery warrant issued against him.
It is made clear that the applicant shall continue to pay Rs. 6,500/-, per month to O.P. No. 2, 3 and 4 regularly as has been modified by this Court.
With the above observation, the present application is disposed of.
Order Date :- 27.7.2021 A.P. Pandey