Chandmiya vs State Of U.P. And 3 Ors.
2019 Latest Caselaw 6009 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- CRIMINAL REVISION No. - 2622 of 2019
 

 
Revisionist :- Chandmiya
 
Opposite Party :- State Of U.P. And 3 Ors.
 
Counsel for Revisionist :- Haya Rizvi
 
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.2,000/- to the wife/ opposite party no.2 and Rs.1,000/- each to two minor children/ opposite party nos.3 and 4 have been fixed as maintenance amount per month from the date of filing of the application without ascribing adequately convincing specific reasoning for the same which could justify the adoption of such a course. Further submission is that in the totality of the facts and circumstances of the case it becomes on a very higher side and is beyond the purse and means of the revisionist to meet out and comply with the present order. 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.

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 returnable within four weeks.

Opposite party no.2 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 24.05.2019 passed by Additional Principal Judge, Family Court, Court No.1, Muzaffar Nagar in Case No. 386/11 of 2010, under Section 125 Cr.P.C. (Smt. Shabana and others vs. Chandmiya), District- Muzaffar Nagar, shall remain stayed provided and with the condition that the applicant will continue to pay the maintenance amount of Rs.2,000/- to the wife/ opposite party no.2 and Rs.1,000/- each to two minor children/ opposite party nos.3 and 4 per month that has been ordered by the court below from the date of order and not from the date of application during the pendency of this revision. So far as the arrears accruing for the period in between the date of application and the date of order is concerned Rs.25,000/- shall be deposited in the Court below within two months from today to be handed over to the wife and rest of the amount shall remain in abeyance till further orders of the 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 :- 9.7.2019

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