Prem Pal @ Nanhey vs State Of U.P.
2019 Latest Caselaw 5837 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 24954 of 2019
 

 
Applicant :- Prem Pal @ Nanhey
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Abrar Ahmad Siddiqui
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Pankaj Roy, learned counsel for the applicant, Sri A.D. Misra, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C has been moved with a prayer to quash the impugned order dated 8.5.2019 passed by Principal Judge, Family Court, Shahjahanpur, in Case No.201 of 2017 (Smt. Savitri Vs. Prem Pal) under Section 125 Cr.P.C., P.S. Ram Chandra Mission, by which application for interim maintenance 5Ka has been partly allowed by awarding Rs. 5,000/- as counsel fee, Rs.3,000/- for litigation expenses and Rs.500/- per date for attedning this Court and proceedings on each dates pending in the Court of Principal Judge, Family Court, Shahjahanpur and to quash the entire proceedings of the aforesaid case and also a prayer is made to stay the proceedings in this case till the disposal of this application.

It is contended by the learned counsel for the applicant that the opposite party no.2 is dexterous in tailoring work by which she earns Rs.10,000/- per month, therefore, she does not deserve any maintenance. It is next argued that the applicant has no source of income because he is daily wage worker hence, he is unable to make payment of maintenance which has been directed by the Trial Court.

Learned A.G.A. has vehemently opposed the prayer for quashing of the impugned order.

I have gone through the impugned order and find that in the impugned order though the applicant has not made any prayer for grant of interim maintenance but she has prayed that she should be provided amount of fees to be paid to the counsel and after considering the same, impugned order has been passed by the Trial Court directing him to pay the opposite party no.2 Rs. 5,000/- lump-sum as fee to be paid to the counsel and Rs.3,000/- lump-sum for doing pairavi in this case and also Rs.500/- for meeting out the expenses of litigation on day to day basis.

In view of the above, I do not see any infirmity in the impugned order and accordingly, this application is dismissed.

However, the Trial Court is directed to dispose of the application under Section 125 Cr.P.C. in accordance with law for a period of three months if there is no legal impediment.

With aforesaid direction, this application is finally disposed of.

Order Date :- 8.7.2019/Neeraj