Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 14558 of 2010 Petitioner :- Jagbhan Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Kameshwar Singh Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the petitioner, learned A.G.A. for the
State and perused the impugned orders.
Learned counsel for the petitioner submitted that maintenance was
granted by the Magistrate with effect from the date of order at the
rate of Rs.1500/- per month to the wife and Rs.1000/- per month to
the son. On revision, the maintenance to the son was ordered to be
paid from the date of application.
Issue notice to opposite parties no.2 & 3.
Counter affidavit be filed within six weeks.
Rejoinder affidavit, if any, may be filed within two weeks
thereafter.
List thereafter.
Till the next date of listing, the operation of the impugned order
passed by the Sessions Judge shall remain stayed provided, the
petitioner pays maintenance allowance in accordance with the
order passed by the Magistrate. The entire arrears of maintenance
allowance from the date of order passed by the Magistrate till date
be deposited by the petitioner in the Court of Magistrate within a
period of one month from today and shall continue to deposit in
future at the same rate by 7th of each successive month. The
amount deposited by the petitioner may be withdrawn by opposite
parties no.2 & 3.
In case of default of payment, the stay order shall automatically
come to an end.
Order Date :- 11.8.2010
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