Allahabad High Court
Satya Pal vs State Of U.P. And Another on 20 January, 2023
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- APPLICATION U/S 482 No. - 877 of 2023 Applicant :- Satya Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
The present application under Section 482 Cr.P.C. has been filed to quash the exparte interim maintenance order dated 13.04.2022 passed by Principal Judge, Family Court, Sonbhadra in Maintenance Case No. 401 of 2019 (Smt. Archana vs Satya Pal), under Section 125 Cr.P.C. relating to P.S. Ghorawal, District Sonbhadra.
Submission of learned counsel for the applicant is that applicant has fixed Rs. 4,000/- per month as a interim maintenance amount and Rs. 1,500/- as a fee. Learned counsel for the applicant submits that amount fixed is so and beyond the means of the applicant.
After hearing learned counsel for the applicant, the Court is of the view to modify this order and applicant undertakes that he will keep on paying Rs. 4,000/- per month and shall deposit a balance amount from 13.04.2022 till 31.01.2023 at the rate of Rs. 4,000/- per month latest by 31.03.2023. This outstanding amount shall be disbursed within a week, after its deposit in the Registry of Principle Judge, Family Court, Sonbhadra. In addition to this the applicant shall keep on paying Rs. 4,000/- per month starting from 01.02.2023 in the first fortnight of every month.
However, it is expected from the learned court concerned to gear up the matter and make all necessary endeavour to conclude and decided the matter within one year from the date of production of copy of this order and without granting unnecessary adjournment to either of the parties strictly in accordance with law, if there is no legal impediment.
With the aforesaid directions, this 482 Cr.P.C. application is finally disposed off.
Order Date :- 20.1.2023 Ujjawal