Satyendra @ Sonu Vs State of U.P. and Anr.

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Court No. - 72 Case :- APPLICATION U/S 482 No. - 47578 of 2018 Applicant :- Satyendra @ Sonu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the applicant and learned Additional Government Advocate.

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By means of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has questioned the correctness of the order passed by the Principal Judge, Family Court, Moradabad, on 11.09.2018 and 31.08.2017 not only closing the evidence of applicant in connection with the recall application filed against an ex parte order of maintenance dated 31.10.2013. The applicant submits that he wants to lead evidence with regard to his income and last opportunity may be afforded.

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Considering the facts and circumstances of the case and the fact that a recall application of the applicant is still pending consideration in respect of the ex parte order of maintenance, in the interest of justice, it is hereby directed that the applicant may be permitted one last opportunity to lead evidence in respect of his income. In the opinion of the Court, the assessment of income of the husband is a sine qua non for the disposal of maintenance application and quantum of maintenance to be fixed by the Court.

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In view of the above, the orders passed by the Court below Principal Judge, Family Court, Moradabad closing the evidence of the applicants are hereby set aside fixing 30.01.2019 for the applicant to adduce whatever evidence he wants to adduce. It is made clear that this opportunity is one time measure and in the event of default, the Court will proceed with the matter, as if, the orders closing the evidence stands.

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Accordingly this application is disposed of.

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Order Date :- 8.1.2019 P Kesari

Satyendra @ Sonu v. State of U.P. and Anr.

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Satyendra @ Sonu v. State of U.P. and Anr.

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