Naveen Kumar v. State Of Up 2 Others

Heard Sri Mahendra Pandey, Advocate, holding brief of Sri Abhishek Tiwari and Sri Rajesh Kumar Gupta, learned AGA.

The instant application under Section 482 Cr.P.C. has been filed by the applicant seeking quashing of the impugned order dated

25.10.2023, passed by the Additional Principal Judge, Family Court, Court No.5, Ghaziabad, in Case No.778 of 2022(Jyoti and another Vs. Naveen Kumar), under section 125 Cr.P.C., Police Station Sahibabad, District Ghaziabad.

The instant application under Section 482 Cr.P.C. has been filed against the order granting interim maintenance to the tune of Rs.5,000/- per month to the opposite party nos.2 and 3 collectively, from the date of the order i.e. 25.10.2023.

It is further submitted by learned counsel for the applicant that application under section 125 Cr.P.C. is still pending before the court concerned wherein he has already filed the written statement. Looking at the meager amount of Rs.5,000/- per month as interim maintenance awarded for the opposite party nos.2 and 3 collectively, this Court do not think it appropriate to interfere with the said order dated 25.10.2023, specifically when the applicant herein has already filed his written statement and he has every right to contest the main proceedings. If any amount as interim maintenance is paid that will be subject to the final order passed by the court and any amount so paid will be adjusted against the amount already paid, against the final order of maintenance.