Court No. - 52 Case :- APPLICATION U/S 482 No. - 25066 of 2009 Petitioner :- Rajeev Kumar Respondent :- State Of U.P. And Another Petitioner Counsel :- V.P. Gupta,Swati Agrawal Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
This Criminal Misc. Application under Section 482 Cr.P.C. has been filed
with the prayer to stay the effect and operation of the impugned orders dated
1.5.2006 and 23.7.2009 passed by Principal Judge Family Court Meerut in
case no. 232 of 2002 (Smt. Priti Vs. Rajeev Kumar), under Sections 125
Cr.P.C., District-J.P. Nagar.
Heard learned counsel for the applicant and learned A.G.A. and perused the
record.
Learned counsel for the applicant submitted that when the ex-parte order was
passed for maintenance the opposite party no. 2 had already re-married after
dissolution of marriage. When the applicant came to know regarding ex-parte
order then the recall application was moved however the same was rejected
by Principal Judge Family Court Meerut by impugned order dated 23.7.2009.
Hence in view of the fact the opposite party no. 2 is not entitle to
maintenance.
Issue notice to opposite party no. 2 returnable at an early date. Counter
affidavit may be filed by the date fixed.
Till the next date of listing, the effect and operation of the order dated
23.7.2009 shall remain stayed provided the applicant to deposit Rs. 2000/-.
The first installment of Rs. 10,000/- by 18th January, 2010 and the second
installment of Rs. 10,000/- by 15th February, 2010.
List on 18th February, 2010 before appropriate court.
Order Date :- 6.1.2010
Manoj