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Allahabad High Court · body

2015 DIGILAW 1182 (ALL)

Dharikshan Yadav v. State of U. P.

2015-05-12

VIPIN SINHA

body2015
JUDGMENT Hon'ble Vipin Sinha, J. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The present writ petition has been filed against the order dated 27.05.2013 by means of which an interim maintenance of Rs. 1500+200 has been awarded towards the interim maintenance from the date of order, aggrieved against which a revision was filed which too has been dismissed on 18.02.2015. Aggrieved against the aforesaid two orders, the present writ petition has been filed. 3. A perusal of order, by means of which the interim maintenance has been granted, shows that even though the order is dated 29.02.2013 but it has been signed on 27.05.2013, which apparently seems to be a typing mistake. 4. However,, the present writ petition is being disposed off finally without issuing any notice to the opposite party with the following directions: a) that the petitioner shall continue to deposit the amount of interim maintenance as fixed by the court below from the date of order, which shall be calculated @ Rs. 1000/- per month; b) that the arrears of interim maintenance from the date of order i.e. 27.05.2013 till date to be calculated @ Rs. 1000/- per month shall be paid within a period of two months from today; c) that the said amount is being modified in view of the fact that petitioner submits that he has been depositing Rs. 2000/- per month in compliance of the order dated 22.02.2013, which has been passed under Section 24 of the Hindu Marriage Act.; d) that in case the arrears of interim maintenance from the date of order i.e. 27.05.2013 till date to be calculated @ Rs. 1000/- per month is paid within a period of two months from today, the proceedings U/s 125 Cr.P.C. shall itself be heard and disposed off finally by means of a reasoned and speaking order expeditiously preferably within a period of four months from the date of production of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle as has been laid down in the recent judgement of Hon'ble Apex Court in the case of Shamima Farooqui Vs. Shahid Khan in Criminal Appeal Nos. 564-565 of 2015 decided on 06.04.2015. Shahid Khan in Criminal Appeal Nos. 564-565 of 2015 decided on 06.04.2015. e) that the petitioner, if he so desires, may move an appropriate application seeking adjustment of amount of maintenance, which has been paid by him in the proceedings under Section 24 of the Hindu Marriage Act, the same shall also be duly considered and disposed of in accordance with law. With the above direction, the writ petition is disposed off finally.