SHIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AGA for the State and Sri Raj Kumar Upadhyaya, learned counsel appearing on behalf of the opposite party no.3.

(2.) For the orders proposed to be passed today issuance of notice to the opposite party no. 5 and 6 is being dispensed with as they are the son of the opposite party no. 3 and beneficiaries of the order dated 23.03.2021.

(3.) It is the case of the petitioner that the opposite party no. 3 is the wife of the opposite party no. 4, Raj Kumar Yadav, who is the real brother of the petitioner Shiv Kumar. The opposite party no.3 filed an application under Sec. 125 Cr.P.C. for maintenance for herself and his two sons on 23.06.2008 before the learned Additional Civil Judge-IV, (Junior Division), District Pratapgarh. Learned trial court passed a final order on 26/02/2018 providing an interim maintenance of Rs.3,000.00 per month to the opposite party no.3 and Rs.1,000.00 each for her two sons. The opposite party no. 4 filed a revision No. 508 of 2018, 'Raj Kumar Yadav vs. State of U.P. and Others challenging the order dated 26.02.2018, which is still pending.