AMIT KUMAR CHABRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Manish Tiwari, learned Senior Advocate assisted by Shri Pandey Balkrishna, learned counsel for the applicant, Sushri Rashmi Srivastava, learned counsel appearing for the private opposite party no. 2 to 4 as well as learned AGA for the State.

(2.) This Application has been filed with the prayer to quash the impugned interim order dated 06.03.2020 passed by the Principal Judge, Family Court, Court No. 2, Ghaziabad in Criminal Case No. 452 of 2019 (Smt. Asmita Gupta and another Vs. Amit Chabra), under Section 125 Cr.P.C., Police Station Indirapuram, district Ghaziabad. Further prayer has been made to stay further proceedings of the aforesaid case.

(3.) Submission of learned counsel for the applicant is that amount fixed by the court below as interim maintenance is excessive and exorbitant and without considering the annual income of the applicant. It was next contended that opposite party no. 2 to 4 are living in the house owned by the applicant. Opposite party no. 2 is also an earning lady and is running a clinic in the same building as a Dietician. This fact has also not been considered by the court below while fixing the interim maintenance to the opposite party no. 3 and 4. It was next contended that earlier applicant was earning huge amount but due to COVID-19 and lock down earning capacity of the applicant has diminished. Thus, he is not in a position to pay Rs. 30,000/- per month each to the opposite party no. 3 and 4. In view of the facts aforesaid, prayer was made to modify the impugned order reducing the amount of the interim maintenance.