Court No. - 46
Case :- APPLICATION U/S 482 No. - 1074 of 2019 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shamsuddin Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
The instant application has been filed by the applicant against the order dated 15.11.2018 passed by the learned Principal Judge, Family Court, Deoria in Maintenance Petition No.217 of 2016 (Divya and another Vs. Rakesh Kumar) under Section 125 Cr.P.C. whereby the applicant was directed to pay interim maintenance Rs.2500/- per month to the opposite party no.2 and Rs.1000/- per month to the opposite party no.3 till he attains majority from the date of the order before 10th date of each month until further order.
It is submitted by the learned counsel for the applicant that applicant is the husband of the opposite party no. 2 while opposite party no.3 is their minor son. The submission of the learned counsel for the applicant is that the opposite party no.2 had filed an application under Section 125 Cr.P.C. on 16.5.2016 claiming maintenance.The court below has directed the applicant to pay Rs.2500/- per month to the opposite party no.2 and Rs.1000/- per month to the opposite party no.3 from the date of the order which is too excessive as the court below has not considered the financial status of the applicant. The opposite party no.2 is also an earning lady, hence the order passed by the court below is without considering the evidence on record.
Learned A.G.A. has submitted that the opposite party no.2 was ousted from her matrimonial house since 2016, as such interim maintenance awarded by the court below from the date of the order does not suffer from any illegality or irregularity.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, the applicant is directed to pay Rs.2000/- per month to the opposite party no.2 and Rs.1000/- per month to the opposite party no.3 and shall continue to pay her current maintenance allowance month to month as directed by the court below till the final decision of the maintenance application. It is further directed that the arrears of maintenance allowance shall be deposited by the applicant within one month from today.
In case of any default it is open to the court below to take coercive steps against the applicant in accordance with law.
With the above observation, the application is disposed of.
Order Date :- 29.1.2019 M. Tariq