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Shiv Pujan v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5964 of 2006 [2006] RD-AH 13435 (11 August 2006)


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Court No.43.

Crl. Misc. Writ petition No.5964 of 2006.

Shiv Pujan.....                            Petitioner.


State of U.P and others    .       Opp. Parties

Hon. K.N.Sinha,J.

 Heard Sri Indrabhan Singh, leaned counsel for the petitioner and Sri Sanjeev Kumar Pandey, learned counsel for opposite party and learned A.G.A.

The Magistrate granted  maintenance at the rate of Rs.450/-per month  for  the lady Smt. Malhura, (Respondent No.2) and Rs. 350/- per month  for opposite party No. 3, Bhanu Pratap Singh (Minor). This was granted from the date of application i.e 12.4.1999. It was agreed between the parties that the amount shall be reduced  to Rs. 400/- per month as  two bighas of land has been transferred by the petitioner in the name of Opposite Party No.3, Bhanu Pratap Singh (minor). The opposite party No.3 is a minor son, hence the opposite party No.2, Smt. Malhura, shall  remain in possession  of the said land without any interference from any side. The amount of maintenance of Rs.400/- per month is permitted  from the date of judgement i.e 13.12.2000. Thus,  the amount of Rs. 26,000/- shall be deposited  by the petitioner  as arrears of maintenance up to  31st  of May,2006.    

    The learned counsel for the petitioner has submitted that  he is ready to pay the whole of the arrears in four  installments and also regular monthly maintenance.

    Considering the prayer of the learned counsel for the petitioner, it is hereby directed that the petitioner shall deposit the whole of the arrear of maintenance amount due up to 31st  of May,2006 in four instalments, first by 1st  of June, 2006, second  by 1st of July,2006, third by 1st of August, 2006 and 4th  by 1st  of September, 2006 and also continues to pay same  with effect from 1.6.2006 regularly. During this period of one month, the execution of proceeding shall remain in abeyance. The amount so deposited may be withdrawn by the opposite party Nos.2 NS 3. In case of breach of any of the  conditions mentioned above, this order shall stand automatically vacated without any reference  to this Court and the executive court shall take any steps so it likes.  

   With the agreement of the learned counsel for the parties, this writ petition is finally disposed of, accordingly.




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