Heard learned counsel for the petitioner and learned A.G.A. The present writ petition has been filed for quashing the order dated 9.2.2010 passed by learned Additional Session Judge, Court No. 3, Etawah and order dated 7.9.2009 passed by the learned Chief Judicial Magistrate, Court No. 1 Etawah under Section 125 Cr.P.C. whereby the learned Court below has granted maintenance of Rs.3000/- to the respondent no.2.
Issue notice to the respondent no.2 returnable within a period of six weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted six weeks' time to file counter affidavit. Respondent no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the petitioner two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately, after expiry of the aforesaid period. For a period of three weeks from today coercive action against the petitioner shall be kept in abeyance provided the petitioner deposit 25% of the total amount of arrears of maintenance to be paid by him to the respondent no.2 within the period of three weeks' from today and subject to such deposit balance of 75% of arrears of maintenance shall be kept in abeyance. Subject to deposit 25% of arrears of maintenance the interim protection granted to him shall remain operative till the next date of listing. It is clarified that in addition to the above payment of arrears, the petitioner shall continue to pay the current maintenance allowance month by month as and when it becomes due to the respondent no.2. The aforesaid amount of arrears and monthly maintenance shall be paid over to the respondent no.2 after due verification by the court below.
In case of default of payment as specified above, it will be open for the respondent no.2 to recover entire amount from the petitioner and this order granting interim protection, shall automatically be vacated.
Order Date :- 14.6.2010 Pk