Court No. - 65
Case :- APPLICATION U/S 482 No. - 17197 of 2019 Applicant :- Yogesh Kumar Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- Yogendra Nath Shukla Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application has been moved seeking the quashing of impugned order dated 13.3.2019 passed by the Principal Judge, Family Court, Kasganj in Case No.281 of 2017 (CNR NO.UPKR020008452017) (Smt. Suman and another vs. Yogesh Kumar), u/s 125 Cr.P.C., P.S.-Kasganj, District-Kasganj whereby applicant has been directed to pay Rs.4,000/- to opposite party no.2-wife and Rs.2000/- to opposite party no.3- son per month from the date of application as maintenance.
Heard learned counsel for the revisionist and learned A.G.A.
Submission of counsel for the applicant is that the amount of Rs.6000/- per month has been fixed as maintenance from the date of filing of application. Further submission is that there is no specific reason assigned in the impugned order as to why the maintenance amount has not been fixed from the date of order and has been fixed from the date of application. Counsel has tried to place reliance on some case laws, according to which reasons have to be assigned for fixing up the maintenance amount from the date of filing of the application. Counsel has also tried to show the incapacity of applicant to pay the arrears amount and has submitted that it will be almost impossible for him to manage such huge arrears amount and it is going to cause excessive hardship to him because of his lower economic condition.
I have perused entire record, including the impugned order, in the light of submissions made at the Bar.
No final order can be made at this stage without hearing to the opposite parties as the matter requires consideration in detail on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to the opposite party nos.2 and 3 returnable within four weeks.
Opposite party nos.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 impugned orders dated 13.03.2019 shall remain stayed provided and with the condition that the applicant shall continue to pay the maintenance amount Rs.4000/- to the opposite party no.2 and Rs.2000/- to opposite party no.3 per month regularly from the date of order and not from the date of filing of application, during the pendency of this application or till further orders of this Court.
It is clarified that only the payment of arrears amount, accruing for the period in between the date of application and the date of order, is being stayed by this Court till further orders of this Court.
It is observed that if the applicant fails to comply with the aforesaid condition, the interim order of stay passed by this Court shall be deemed to have been vacated automatically.
Order Date :- 30.4.2019 M. Kumar