Allahabad High Court
Irfanullah vs State Of U.P. And Another on 10 November, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 15811 of 2020 Applicant :- Irfanullah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
Heard Sri V.V. Singh, learned Advocate holding brief of Sri Santosh Kumar Singh, learned counsel for the applicant and learned AGA for the State.
By the impugned order dated 24.1.2020, passed by the learned Principal Judge Family Court, Sant Kabir Nagar, the applicant has been ordered to pay a sum of Rs.5,000/- per month to the second opposite party from the date of order. It is submitted that the maintenance awarded is excessive, going by the financial status of parties. It is argued that there is absolutely no justification for the wife to live apart from the husband.
Issue notice.
Notice is made returnable on 14.12.2020.
List in the additional cause list on 14.12.2020 along with a report regarding service.
Until further orders, subject to the applicant depositing in the aggregate a sum of Rs.4,000/- per month from the date of the impugned order with the Principal Judge Family Court, Sant Kabir Nagar, by the 10th of each month, the operation of the impugned order dated 24.01.2020, passed in Case No.62/2011 of 2018, under Section 125 Cr.P.C. shall remain stayed. The arrears of maintenance reckoned from the date of the order calculated at the rate of Rs.4,000/- per month will be deposited by the 25th December, 2020 before the Principal Judge Family Court, Sant Kabir Nagar. Arrears of sum of maintenance, if deposited and all deposit of maintenance, as and when made, shall be released in favour of opposite party no.2 by the Principal Judge Family Court, Sant Kabir Nagar forthwith without asking the said opposite party to furnish any security. In case of default, this interim order shall stand automatically vacated.
Order Date :- 10.11.2020 Neeraj