SANJEEV RAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Government Advocate representing the State of U.P./opposite party no. 1 and perused the record.

(2.) The present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to quash the order dtd. 27/3/2019 passed by learned Principal Judge, Deoria in maintenance petition no.74 of 2016 (Sunita Vs. Sanjeev), under Sec. 125 Cr.P.C., Police Station Gauri Bazar, District Deoria and order passed by learned Principal Judge, Deoria in Execution Case No.516 of 2021 (Sunita Vs. Sanjeev) arising out of original case no. 74 of 2016.

(3.) Brief facts which are required to be stated are that marriage of the petitioner was solemnized on 23/2/2014 with respondent no. 2, but their marriage was not successful. On account of acrimonious relationship between them, petitioner left her to her parental house on 12/6/2015. Thereafter she moved an application under sec. 125 Cr.P.C. dtd. 16/2/2016 claiming maintenance of Rs.40,000.00per month from the petitioner making allegation of harassment and torture against him, in which the Family Court vide order dtd. 27/3/2019 has directed the petitioner to pay an amount of Rs.1500.00 per month as interim maintenance to the respondent no.2 from the date of order. On non- payment of the interim maintenance, respondent no.2 has initiated execution proceeding against the petitioner by moving an application dtd. 12/7/2021, in which show cause notice has been issued to the petitioner by the Family Court by order dtd. 14/9/2021.