This application challenged conditions in an interim maintenance order. The court upheld the conditions, directed expeditious disposal within one and a half years, and clarified adjustment of deposited amounts.
Disposed of the application; ordered immediate disposal of the underlying maintenance suit; confirmed adjustment of deposits.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 1134 of 2023
Applicant :- Sazid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the applicant is assailing the legality and validity of the order dated 19.11.2022 passed by learned Additional Principal Judge, Family Court No.2, Muzaffar Nagar, while allowing the application 9-Ka under section 126(2) Cr.P.C., has fastened certain conditions. Aggrieved by this condition, the applicant has approached this Court by filing the present application.
I have perused the order impugned and I am in agreement with the condition imposed by the court below.
However, it is expected that the learned Additional Principal Judge, Family Court No.2, Muzaffar Nagar would gear up the matter and decide the present case on the top most priority within a period of one and half year from the filing of the present order without granting any unjust, unreasonable and long adjournment to either of the parties strictly on merits.
It is further made clear that the amount of Rs.30,000/- so deposited by the applicant, shall be handed over to opposite party no.2 within a period of ten days from the date of deposit and the entire amount of Rs.30,000/- as cost and Rs.6,000/- per month from the date of order shall be adjusted in the final figure of maintenance amount.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 2.2.2023 Sumit S
Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, aggrieved by conditions imposed in an interim maintenance order, can successfully challenge its validity under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sazid
State Of U.P.
Another
Rahul Chaturvedi
As recorded by the court registry
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