Allahabad High Court
Sunil Kumar Sharma vs Smt. Neeta Sharma And 2 Ors on 20 February, 2020
Author: Harsh Kumar
Bench: Harsh Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 79 Case :- APPLICATION U/S 482 No. - 7051 of 2020 Applicant :- Sunil Kumar Sharma Opposite Party :- Smt. Neeta Sharma And 2 Ors Counsel for Applicant :- Abhay Pratap Singh Hon'ble Harsh Kumar,J.
Heard Sri Abhay Pratap Singh, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 16.10.2019 passed by learned Principal Judge, Family Court, Gautam Buddh Nagar in Misc. Case No.412 of 2018 (Smt. Neeta Sharma Vs. Sunil Kumar Sharma) under Section 125 Cr.P.C., P.S. Kasna, District Gautam Buddh Nagar.
Learned counsel for applicant contends that applicant has no means to comply with impugned order of interim maintenance dated 16.10.2019 as he is earning only Rs.38,200/- per month as per his salary slips at Annexure-10; that apart from this the applicant was neither afforded reasonable opportunity of filing objections to application for interim maintenance nor reasonable opportunity of hearing; that on application for interim maintenance 16.10.2019 was fixed for hearing but since applicant fell ill an adjournment application was moved on his behalf by his counsel but learned Principal Judge, Family Court, Gautam Buddh Nagar rejected the application finding it to be delaying tactics and passed the impugned order after hearing his counsel.
Per contra, learned A.G.A. submits that impugned order has been passed after hearing learned counsel for applicant and during arguments learned counsel for applicant has admitted his monthly income Rs.1,86,000/- as against Rs.5,00,000/- per month contended by opposite party no.2.
Upon hearing learned counsel for parties and perusal of record at this stage without entering into merits of the case, the application U/s 482 Cr.P.C. is disposed of with the direction that the matter of interim maintenance is remitted back to Principal Judge, Family Court, Gautam Buddh Nagar for afresh and expeditious disposal (after affording only one opportunity to applicant for filing objections within 3 weeks from today) if possible within three months without granting unnecessary adjournment to either party and till then the applicant shall continue to pay the interim maintenance at the rate mentioned in the impugned order dated 16.10.2019. If the opposite party no.2 causes deliberate delay in disposal of application for ad-interim maintenance, the court may modify order dated 16.10.2019.
Order Date :- 20.2.2020 Kpy