Court No. - 69
Case :- APPLICATION U/S 482 No. - 9591 of 2021 Applicant :- Ramendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State through video conferencing.
The present 482 Cr.P.2C. application has been filed to quash the order dated 25.03.2021 passed by Principal Judge, Family Court, District Kannauj in Case No. 823/12/2018 (Smt. Uma Devi Vs. Ramendra Singh), P.S. Saurikh, District Kannauj.
Learned counsel for the applicant submits that while passing order of interim maintenance, learned Magistrate without appreciating as well as considering the fact that applicant is having five children, directing upon him for interim maintenance of Rs. 10,000/- per month.
Learned AGA has vehemently opposed and submitted that undisputedly applicant is working as JCB Operator in Jaipur Development Authority and receiving salary of Rs. 60,000/- per month. It is next submitted that out of five children, three are married and others are major, therefore, grant of interim maintenance of Rs. 10,000/- is a very reasonable amount and no interference is required.
I have considered the rival submissions and perused the record. It is not disputed that applicant is receiving salary of Rs. 10,000/- per month and three children of applicant are married and others are major. Further, age of wife of applicant is 53 years and she does not perform any job except domestic work. Therefore, she has been rightly awarded the maintenance of Rs. 10,000/- per month.
Therefore, application lacks merit and is dismissed. No order as to costs.
Order Date :- 27.5.2021 Arvind Digitally signed by Justice Neeraj Tiwari Date: 2021.05.27 16:17:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad