Anil Singh Bisht vs Smt. Hardei

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the Petitioner has challenged order dated 9.05.2011, passed by Sessions Judge, Uttarkashi, enhancing the amount of maintenance to Rs. 3,000/- per month to be paid by the present Petitioner to his wife Smt. Hardei.

Learned Counsel for the Petitioner submitted that three children are living with the Petitioner, born out of the first wedlock. It is pointed out that after death of his first wife, the Petitioner got married to the Respondent Hardei. It is further pleaded that in view of the limited resources Petitioner is not in a position to make the payment of the enhanced sum.

Admit the petition.

Issue notice to Respondent Hardei, who may file her counter affidavit within a period of four weeks.

Having considered submissions of learned Counsel for the Petitioner, and after going though the impugned order passed by the Sessions Judge, Uttarkashi (revisional court) whereby the amount of maintenance has been enhanced, as an interim measure, it is directed that if the present Petitioner pays Rs. 2,000/- per month to his wife Hardei in terms of the order challenged before this Court, or deposits in her favour before the trial court, (Chief Judicial Magistrate, Uttarkashi), recovery in respect of remaining Rs. 1,000/- per month shall remain stayed until further order of this Court. If the arrears of the maintenance are not paid at the rate of Rs. 2,000/- per month within one month from today, or the future maintenance is not paid by 15 of every next month, this interim order shall automatically stand vacated. It is clarified that the amount of maintenance in compliance of this order shall be paid with effect from 15 of January 2011, minus the amount already paid.

List after four weeks.