KHALID ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 29.02.2020 passed by learned Additional Principal Judge, Family Court, Room No. 1, Deoria in misc. case no. 105/2019, under Section 125 Cr.P.C., police station Kotwali, District Deoria by means of which applicant was directed to pay interim maintenance of Rs. 5,000/- per month to opposite party no. 2 and Rs. 2,000/- per month to opposite party no. 3.

(3.) It has been argued by learned counsel for the applicant that initially opposite party no. 2 and 3 were granted maintenance at the rate of Rs. 3,000/- and Rs. 1,000/- per month respectively vide ex-parte judgement and order dated 12.12.2018 and thereafter on the application of applicant under Section 126(2) Cr.P.C., ex-parte order was set aside and on the application of opposite party no. 2 and 3, impugned order was passed, by which interim maintenance of Rs. 5,000/- per month to opposite party no. 2 and Rs. 2,000/- per month to opposite party no. 3 was granted. Learned counsel submitted that when by ex-parte order dated 12.12.2018 maintenance of Rs. 4,000/- per month was granted to the private respondents, the grant of interim maintenance of total Rs. 7,000/- per month by impugned order is against facts and law and thus, the impugned order is liable to be quashed. It was further submitted that opposite party no. 2 was living separately and she is not ready to live with the applicant.