Heard learned counsel for the applicant and learned A.G.A. This application has been filed with a prayer to quash the order dated 2.9.2009 passed by second Additional Civil Judge (Junior Division) / Judicial Magistrate, Shikohabad, District Firozabad in case no. 384 of 2007 ( new No. 52 of 2009) under section 125 Cr.P.C. by which the application for interim maintenance allowance has been rejected. It is contended that the applicant is woman having no source of income, in case, the interim maintenance allowance is not provided to her, she shall be put at starvation but without considering the genuine problem of livelihood the learned Magistrate concerned rejected such application.
Considering the facts, circumstances and submission made by the learned counsel for the applicant, it appears that the learned Magistrate concerned has not considered the genuine problem of the applicant i.e. livelihood and rejected the application, the impugned order dated 2.9.2009 is illegal and is hereby set aside.
However, it is directed that in case the applicant moves fresh application, the same shall be heard and disposed of in accordance with law, expeditiously, if possible, within three months, after affording opportunity of being heard to the parties, With the above direction, this application is disposed of. Order Date :- 28.1.2010 Su