RajKumar Vs State of up thru its principal secretary home and 2 others

Court No. - 87

Case :- APPLICATION U/S 482 No. - 7404 of 2022

Applicant :- Rajkumar Opposite Party :- State Of Up Thru Its Principal Secretary Home And 2 Others Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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Heard learned counsel for applicant, learned A.G.A. for State.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 26.10.2021 passed by Principal Judge, Family Court, Aligarh in Case No. 38/2021 (Neetu Sharma and another Vs. Raj Kumar), under Section 125 Cr.P.C., P.S.- Madrak, District- Aligarh, by which application for interim maintenance is allowed against the applicant and applicant is directed to pay Rs. 6,000/- per month to his wife & daughter as interim maintenance from the date of presentation of the application.

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Application under Section 125 Cr.P.C. is still pending before the court concerned which shall be decided after taking the evidence of both the parties.

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At this stage, learned counsel for applicant submitted that applicant is simple salesman at petrol pump. His total income is Rs. 10,000/- per month and he has other family liabilities and he is not in a position to pay the said amount.

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On the facts and circumstances of the case, this Court is of the view that applicant shall pay Rs. 5000/- per month interim maintenance to his wife & daughter in accordance with the order passed by Principal Judge, Family Court, Aligarh dated 26.10.2021.

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Accordingly, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 8.8.2022 Sharad/-

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Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.10 12:33:00 IST Reason: Location: High Court of Judicature at Allahabad

RajKumar v. State of up thru its principal secretary home and 2 others

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RajKumar v. State of up thru its principal secretary home and 2 others

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