The Allahabad High Court has stayed the order of Family Court, Ghaziabad to give allowance to the wife till further orders.
A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Anuj Tyagi.
Counsel appearing for the revisionist has argued that Opposite Party No 2 (petitioner’s wife) had admitted before the trial court that she was doing private job and during pendency of the case filed under Section 125 CrPC, she had resigned from the job.
It has further been argued that the revisionist filed an application before the trial court under Section 340 CrPC and an application for summoning relevant record from the place of employment of Opposite Party No 2, for the reason that she is still in job but the trial court has not considered those applications and had decided the case finally, as such the impugned order is unsustainable in the eyes of law.
The Court considered the arguments advanced by the counsel appearing for the revisionist and prima-facie arguments to carry weight.
The Court observed that the matter requires consideration.
The Court granted three weeks time to file a counter affidavit for the Opposite Parties.
“Till the next date of listing, operation and implementation of the order dated 24.08.2023, to the extent it provides for payment of maintenance of Rs 5,000/- per month to Opposite Party No 2, shall remain stayed.
It is further provided that the revisionist shall continue to pay Rs 10,000/- awarded under the order dated 24.08.2023 in favour of Opposite Party No 3/petitioner’s daughter.
It is further provided that in case, revisionist commits any default in payment of maintenance amount to Opposite Party No 3, the Court shall consider to vacate this interim order”, the Court ordered.
The Court has fixed the next hearing of the petition on 9.01.2025.
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