Banti vs State Of U.P. And Another
2019 Latest Caselaw 6217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 21400 of 2019
 

 
Applicant :- Banti
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Adesh Kumar Dixit
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karuna Nand Bajpayee,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and also perused the record.

Submission of counsel for the applicant is that the Rs.5000/- per month to the wife has been fixed as maintenance amount 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 higher side and is presently beyond the purse and means of the applicant to meet out and comply with the order in question. 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 impugned order dated 29.4.2019 passed by learned Principal Judge, Family Court, Aligarh in Case No.916 of 2016 (Smt. Shivani vs. Banti), u/s 125 Cr.P.C., P.S.-Banna Devi, District-Aligarh shall remain stayed provided, and with the condition, that (1) the applicant shall continue to pay the maintenance amount of Rs.5000/- to opposite party no.2 per month regularly from the date of order instead of date of filing of application (2) the applicant shall also deposit Rs.25,000/- as arrears within a period of two month from today, which shall be handed over to the opposite party no.2.

It is clarified that the amount of arrears to be paid as aforesaid, shall abide by the terms of final order of this Court.

It is further clarified 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 :- 9.7.2019

M. Kumar