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Allahabad High Court
Suvir Kumar vs State Of U.P. & Another on 15 June, 2010
Court No. - 47

Case :- APPLICATION U/S 482 No. - 20713 of 2010

Petitioner :- Suvir Kumar
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Nrapendra Chaturvedi
Respondent Counsel :- Govt. Advocate

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and learned A.G.A.

This application has been filed with a prayer to quash the order dated 1.5.2010
passed by learned Additional District Judge, Ist, Gautam Buddh Nagar in
crimival revision no. 39 of 2009, Smt. Preeti Verma Vs. State of U.P., P.S.
Phase-2 Noida, District-Gautam Budh Nagar.

The learned Civil Judge (Junior Division), Gautam Buddh Nagar has allowed
the application for interim maintenance and directed the applicant in a
proceedings under Section 125 Cr.P.C. to pay Rs. 2000/- per month to his
wife the opposite party no. 2 and Rs. 1000/- per month to both the children i.e.
opposite party no. 3 and 4 by order dated 6.3.2009.

It is contended by the learned counsel for the applicants that against the
interim order of granting maintenance to the opposite party no. 2, the revision
was preferred by the opposite party no. 2 which is not maintainable.

Learned AGA prays for and is granted four weeks time to file counter
affidavit.

Issue notice to O.P. No 2, returnable within four weeks.
Considering the facts, it is directed that the further proceedings in criminal
revision no. 39 of 2009, Smt. Preeti Verma Vs. State of U.P., District-Gautam
Budh Nagar, shall be kept in abeyance, till the next date of listing. Subject to
condition that the revisionist shall continue to pay the maintenance as directed
by the trial Court.

List immediately after expiry of the aforesaid period.
Order Date :- 15.6.2010
AN


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