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2023 Supreme(Online)(All) 30138

ALLAHABAD HIGH COURT
ATUL KUMAR DUBEY – Appellant
Versus
State – Respondent


Court No. - 66

Case :- APPLICATION U/S 482 No. - 39410 of 2022

Applicant :- Atul Kumar Dubey

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Amit Kumar Pandey,Sunil Kumar

Singh

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Sunil Kumar Singh, the learned counsel for applicant

and the learned A.G.A. for State.

This application under section 482 Cr.P.C. has been filed

challenging order dated 4.11.2022, passed by Principal Judge,

Family Court, Deoria, in Maintenance Petition No. 910 of 2022

(Pakankshi Tripathi Vs. Atul Kumar Dubey) whereby

application for interim maintenance filed by opposite party-2 in

aforementioned case has been allowed and the applicant has

been directed to pay monthly maintenance at the rate of Rs.

7,000/- to complainant/opposite party-2 from the date of

application.

Learned counsel for applicant submits that order impugned in

present application is manifestly illegal and without

jurisdiction. Court below has allowed the application for

interim maintenance without recording any finding with regard

to income of applicant and whether opposite party-2 is residing

separately on sufficient

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