RAJESH UPADHYAY Vs. STATE

JUDGEMENT

(1.) BY way of this petition, the petitioner who is the husband of respondent No. 2 has sought relief for quashing the order dated 09. 01. 2008 passed by Family Court, Dehradun in Case No. 32 of 2007, Smt. Mithlesh Upadhyay Vs Sri Rajesh Upadhyay as well as ex-parte order dated 23. 10. 2007 granting interim maintenance in favour of the respondent No. 2 i. e. Mithlesh Upadhyay.

(2.) HAVING considered the arguments advanced by Sri S. K. Jain, learned counsel for the petitioner, I am of the view that the petitioner who shall continue to pay a sum of Rs. 8,000/- per month as he had been paying earlier to respondent Nos. 2 to 5 as interim maintenance. This amount should be paid by 5th of every month positively and in case, the petitioner fails to pay, it shall be open for the Judge, Family Court, Dehradun to proceed against the petitioner in accordance with law. It is further directed that the Principal Judge, Family Court to decide the Case No. 32 of 2007 expeditiously.

(3.) WITH the aforesaid observation, the order dated 09. 01. 2008 by which the enhanced amount of the interim maintenance has been awarded by the family court is set aside and the Principal Judge, Family court is directed to decide the matter pertaining to the grant of maintenance under Section 125 Cr. P. C. expeditiously and preferably within a period of three months. With the aforesaid observation, the petition is finally disposed of.