Court No. - 53
Case :- APPLICATION U/S 482 No. - 28949 of 2018 Applicant :- Ram Awadh Maurya Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Firdos Ahmad Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned A.G.A. appearing on behalf of the State.
This application has been filed by the applicant, who is the husband of opposite party no.2 and the father of opposite party no.3 seeking a direction to the Additional Family Court/ Additional District Judge (Fast Track Court) No.2, Azamgarh to consider the application 31-Kha in Execution Case no.68 of 2015, under Section 128 Cr.P.C. arising out of Case no.32 of 2001, under Section 125 Cr.P.C., Police Station Sidhari, District Azamgarh.
By an order dated 06.02.2015 passed by the Principal Judge, Family Court, Azamgarh has granted maintenance in the sum of Rs.500/- per month to opposite party no.2 and Rs.500/- per month to opposite party no.3, aggregating a sum of Rs.1000/- per month from the date of application.
It is said that the applicant has not been able to comply with the order of maintenance that has fallen in arrears that has accumulated to a figure of Rs.1,69,000/-. Now the applicant is faced with recovery proceedings initiated by the wife under Section 128 Cr.P.C.
The submission of the learned counsel for the applicant is that the applicant has not denied the factum of marriage between parties and acknowledges opposite parties nos.2 & 3 to be his wife and child respectively.
Learned counsel for the applicant submits that the applicant is an old person and per his capacity he has also deposited a sum of Rs.39,000/- to the credit of the opposite parties nos.2 & 3. He has no source of income but has all intention to comply with the maintenance order. He does not have necessary wherewithal to deposit the accumulated sum at a time.
Considering the overall facts, the maintenance awarded to the wife and the daughter of the applicant which is just and proper, no case to interdict or stall proceedings in execution under Section 128 Cr.P.C. is made out.
This application fails and is, accordingly, dismissed.
Order Date :- 21.8.2018 Anoop