The High Court fixed interim maintenance at Rs. 5,000 per month instead of Rs. 6,000, deemed the former more reasonable, and set a deadline for case disposal.
Interim maintenance fixed at Rs. 5,000 per month from 03.02.2021; arrears to be deposited; case to be concluded by 31.12.2022.
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Court No. - 67
Case :- CRIMINAL REVISION No. - 1353 of 2022
Revisionist :- Vijay Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Neeraj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Neeraj Srivastava, learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.
By means of the present revision, the revisionist is assailing the legality and validity of the order dated 18.10.2021 by which the learned Principal Judge, Family Court, Moradabad has fixed Rs.6,000/- per month as interim maintenance amount in favour of the opposite party no.2 from the date of application i.e. 03.02.2021 till the conclusion of trial.
Contention raised by counsel for the revisionist is that on account of various domestic adversities, revisionist is not in a position to pay this hefty amount.
The amount is accordingly modified from Rs. 6,000/- per month to Rs. 5,000/- per month from the date of application dated 03.02.2021. The arrears of amount from the date of application dated 03.02.2021 at the rate of Rs. 5,000/- per month would be deposited by 31st May, 2022 positively and revisionist shall keep on paying Rs. 5,000/- per month regularly from 1st June, 2022 till the conclusion of 125 Cr.P.C. application on merits.
It is expected from learned Principal Judge, Family Court, Moradabad to decide the present case on priority basis and make necessary endeavour to conclude the same by 31.12.2022 and would not grant any unwarranted adjournment to either of the parties.
With the aforesaid observations, this criminal revision stands disposed of.
Order Date :- 19.4.2022 AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.04.21 13:11:29 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the interim maintenance amount fixed by the Family Court should be modified due to financial difficulties faced by the petitioner.
Vijay Singh
State of U.P.
Other
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
