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Allahabad High Court · body

2012 DIGILAW 789 (ALL)

Narendra Singh v. State of U. P. & Another

2012-03-30

RAJESH DAYAL KHARE

body2012
Rajesh Dayal Khare, J.;- For the reasons detailed in para-25 of the affidavit accompanying the present writ petition, cause shown is sufficient, the delay in filing the present petition is hereby condoned. Heard learned counsel for the petitioner and the learned AGA for the State-respondent. The present criminal writ petition has been filed for quashing the order dated 13.8.2009 passed by the Chief Judicial Magistrate, Kanshi Ram Nagar, in Case No.1346 of 2009 in proceedings under Section 125 Cr.P.C. whereby maintenance of Rs.1500/- per month has been awarded to the respondent no.2 from the date of the order and also for quashing the revisional order dated 20.8.2011 whereby revision filed by the respondent no.2 has been allowed and interim maintenance of Rs.4,000/- per month from the date of the order, has been awarded. It is contended by the learned counsel for the petitioner that respondent no.2 had herself gone from her matrimonial house, therefore, she is not entitled to get any maintenance. It is next contended that one time alimony has been paid over by the petitioner to the respondent no.2, therefore, no proceedings can be drawn under Section 125 Cr.P.C. Issue notice to respondent no.2 returnable within four weeks. Steps be taken within one week. Learned AGA prays for and is granted four weeks time to file counter affidavit. Respondent no.2 may also file counter affidavit within the same period. As prayed by learned counsel for the petitioner, two weeks thereafter is granted for filing rejoinder affidavit. List immediately after expiry of the aforesaid period, before the appropriate Bench. In the mean time it is provided that in case the petitioner deposits 50% of the amount as directed by the order impugned dated 20.8.2011 from the date of order 20.8.2011, before the Chief Judicial Magistrate, Kanshi Ram Nagar, then remaining 50% of the amount of maintenance shall be kept in abeyance till the next date of listing. In case of default of payment as specified above, it will be open for the respondent no.2 to recover entire amount from the petitioner and this order granting interim protection, shall automatically be vacated.