Court No. - 6 Case :- CRIMINAL MISC. WRIT PETITION No. - 4799 of 2010 Petitioner :- Sanjay Kumar Verma Respondent :- State Of U.P. And Another Petitioner Counsel :- Pankaj Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the petitioner and learned A.G.A.
The present writ petition has been filed for quashing the order dated 7.5.2009
passed by learned Judicial Magistrate, Iind Ballia and 30.1.2010 passed by
learned Additional District & Session Judge, Ballia under Section 125 Cr.P.C.
whereby the learned Court below has granted maintenance of Rs.2000/- to the
respondent no.2.
Issue notice to the respondent no.2 returnable within a period of six weeks.
Steps be taken within a week.
Learned A.G.A. prays for and is granted six weeks’ time to file counter
affidavit. Respondent no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the petitioner two weeks’ thereafter,
is granted for filing rejoinder affidavit.
List immediately, after expiry of the aforesaid period.
For a period of three weeks from today coercive action against the petitioner
shall be kept in abeyance provided the petitioner deposits 25% of the total
amount of arrears of maintenance to be paid by him to the respondent no.2
within the period of three weeks’ from today and subject to such deposit
balance of 75% of arrears of maintenance shall be kept in abeyance. Subject
to deposit 25% of arrears of maintenance the interim protection granted to
him shall remain operative till the next date of listing.
It is clarified that in addition to the above payment of arrears, the petitioner
shall continue to pay the current maintenance allowance month by month as
and when it becomes due to the respondent no.2. The aforesaid amount of
arrears and monthly maintenance shall be paid over to the respondent no.2
after due verification by the court below.
In case of default of payment as specified above, it will be open for the
respondent no.2 to recover entire amount from the petitioner and this order
granting interim protection, shall automatically be vacated.
Order Date :- 14.6.2010
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