Application seeking modification of the monthly payment condition imposed on the petitioner. Court removed the liability with effect from February 2019, considering duplication with other maintenance orders.
The condition to pay Rs.3,000/- per month shall no more survive with effect from February 2019 onwards.
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ABLAPL NO.7628 OF 2016
I.A. NO. 1313 OF 2018
This is an application for modification of the condition imposed by this Court while disposing ABLAPL No. 7628 of 2016 on 09.03.2017.
Learned counsel for the petitioner submits that pursuant to this order, the petitioner has complied with the condition as to deposit till the date of passing of the interim order on 25.02.2019. He further submits that in the meantime, the petitioner has been directed to pay a sum of Rs.7000/- per month in a proceeding under the PWDV Act and the opposite party no.2 being dissatisfied with the said quantum has approached this Court in CRLMC No. 898 of 2019. It is submitted that in view of the fact that the petitioner has been saddled with the liability on payment of maintenance by the court in the proceeding in PWDV Act, further continuance of the condition in that regard as per the order in ABLAPL No.7628 of 2016 would stand too harsh for the petitioner and that would not be in the interest of justice.
Learned counsel for the State and informant oppose the move.
Considering the submissions made and on going through the averments made in the petition as also the judgment passed in Crl. Revision petition No. 07 of 2017; it is ordered that the condition as imposed upon the petitioner to pay sum of Rs.3,000/- per month vide order dated 09.03.2017 passed in ABLAPL No. 7628 of 2017 shall no more survive with effect from February, 2019 onwards.
The I.A. is accordingly disposed of. Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Narayan
1 issue framed by the court
Whether the condition to pay a monthly sum imposed on the petitioner should be modified to remove it in light of other maintenance liability.
Petitioner
State and informant
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
