J.J. Munir, J. - (1.) This is an application under Section 482 Cr.P.C. preferred by Ashif Khan from an order dated 14.8.2018 passed by the Principal Judge, Family Court, Hathras in Miscellaneous Case No.48 of 2017 under Section 126(2) Cr.P.C. allowing the said application to set aside an ex parte maintenance order dated 21.10.2015 passed in favour of the second opposite party in Maintenance Case No.357 of 2014 subject to terms.
(2.) Heard Sri Ajay Kumar Pathak, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA appearing for the State.
(3.) It is the terms imposed by the learned Principal Judge, Family Court while setting aside the ex parte order that have brought the husband to this Court objecting to the terms alone. The Family Court by ex parte judgment and order dated 21.10.2015 last mentioned awarded to the wife opposite party No.2 a sum of Rs. 1,000/- per month from the date of order. The husband applied under Section 126(2) Cr.P.C. to have the same set aside. The said application has been allowed by the order impugned subject to the terms that costs of Rs.10,000/- would be payable by the applicant to the second opposite party, and, further, that pending determination of the case, a sum of Rs.1,000/- would be payable from the date of order as interim maintenance pending decision of proceedings under Section 125 Cr.P.C. on merits.;