The High Court dismissed an application under Section 482 of Cr.P.C. seeking to set aside an order granting maintenance. The Court held there was no infirmity as the relief was already granted conditionally, noting the admitted marriage and legal mandate to maintain the wife.
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C-482 no. 247 of 2014
U.C. Dhyani, J.
Mr. D.N. Sharma, Advocate for the applicant.
Mr. M.K. Ray, Advocate for the respondent.
The applicant (husband), by means of present application under Section 482 of Cr.P.C., seeks to set aside the impugned order dated 13.02.2014, passed by learned Judge, Family Court, Udham Singh Nagar, in Misc. Case no. 258 of 2013.
The court below while allowing the application of the husband (applicant herein) set aside the order dated 25.07.2013, which was passed ex parte on the condition that the husband will pay half of the amount as monthly maintenance allowance to his wife as per the order dated 25.07.2013, passed by the selfsame court. It may be noted here, at the very outset, that the relief which learned counsel for the applicant seeks by way of filing present application under Section 482 of Cr.P.C., has already been granted to him by learned Judge, Family Court, Udham Singh Nagar, although conditionally. If the applicant has any grievance towards the condition, which is imposed on 13.02.2014, while setting aside the ex parte order dated 25.07.2013, the same is unfounded, in as much as the marriage between the applicant and the respondent is admitted and the law enjoins upon the husband to pay monthly maintenance allowance to his wife, if the husband, having sufficient means, neglects or refuses to maintain his wife.
There is thus no infirmity in the impugned order.
Application under Section 482 of Cr.P.C. is, therefore, dismissed.
HN
1 issue framed by the court
Whether the applicant can seek to set aside an impugned order under Section 482 of Cr.P.C. when the relief sought has already been granted conditionally by the lower court.
1 provisions across 1 enactments
U.C. Dhyani
U.C. Dhyani
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
