Court No. - 64
Case :- CRIMINAL REVISION No. - 2862 of 2019 Revisionist :- Vikki Opposite Party :- State Of U.P. And 2 Ors. Counsel for Revisionist :- Alka Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard revisionist's counsel as well as learned A.G.A. for the State and perused the record.
Submission of the counsel for the revisionist is that Rs. 5,000/- to the wife and Rs.10,000/- to the daughter has been fixed as interim amount of maintenance which is excessive in the circumstances of the case. Submission is that evidence in the case is yet to be adduced and such higher amount ought to be fixed only after looking into the merits of the case. The provisions of interim maintenance is basically meant to avoid the prospect of destitution and vagrancy of ignored wife or children and the amount in that regard should not be fixed as if final amount of maintenance is being given. Contention is that the applicant has no great means of income and fixing up such high amount as interim measure is likely to cause excessive hardship and it shall be beyond the purse of the applicant to comply with the order. Counsel has also tried to dwelt upon the stringent circumstance through which the applicant according to him is undergoing.
Contentions raised at the bar require detailed hearing on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned A.G.A.
Issue notice to the opposite party no.2 and 3 returnable within four weeks.
Opposite party no.2 and 3 may file counter affidavit within three weeks after the service. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
The operation of the impugned order dated 29.06.2019 passed by learned Principal Judge, Family Court, Ghaziabad in Criminal Case No. 556 of 2017, (Smt. Vimlesh @ Neha and another Vs. Vikki), under Section 125 Cr.P.C., P.S.- Kavi Nagar, District- Ghaziabad, shall remain stayed provided, and with the condition, that the revisionist shall continue to pay maintenance amount of Rs.5,000/- to the wife and Rs.5,000/- to the daughter per month in place of Rs.5,000/- to the wife and Rs.10,000/- to the daughter during the pendency of this revision or till further orders by this Court.
It is clarified that in case the revisionist fails to comply with the aforesaid condition, this interim order shall be deemed to have been vacated automatically.
Order Date :- 25.7.2019 shiv