IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1499 of 2008 Pooran Prakash … Petitioner Versus Smt. Rekha Devi & others … Respondents Sri Amish Tiwari, Advocate for petitioner Dated: August 28, 2008 Hon’ble B.C. Kandpal, J. By way of this writ petition under Article 227 of Constitution of India the petitioner has challenged the impugned order dated 5.6.2008, which is contained in Annexure-1 to the writ petition. The petitioner by way of impugned order has been directed to pay a sum of Rs.5,000/- per month as interim maintenance to his wife and three minor children who are in the company of the wife. Heard Sri Amish Tiwari, learned counsel for the petitioner and perused the record. Learned counsel for the petitioner has submitted that petitioner is posted as Lansnaik in Paramilitary Force and has been getting a meager salary, therefore, it is not possible to him to pay a sum of Rs.5,000/- regularly per month to his wife and three minor children. He has further submitted that petitioner has to look after his mother also. Having considered the submission advanced by learned counsel for the petitioner and after perusal of the impugned order, I am of the view that 2 the impugned order dated 5.6.2008 does not require any interference. However, keeping in view the salary of the petitioner, I direct that interim amount of maintenance to be paid by the petitioner to his wife and three minor children should be reduced to a sum of Rs.4,000/- per month. The petitioner shall pay a sum of Rs.4,000/- (Rupees Four Thousand) per month to his wife and three minor children, regularly by 7th of every month. The petitioner shall also pay a sum of Rs.5,000/- (Rupees Five Thousand) as litigation expenses (as has been directed by the Principal Judge, Family Court in the impugned order) to the respondents, within a period of one month positively. In case, if the petitioner fails to fulfill the conditions imposed by this Court, it shall be open to the respondents as well as Principal Judge, Family Court to proceed further by way of taking the proper steps under execution against the petitioner. The Principal Judge, Family Court is further directed to dispose of the petition under Section 125 of Cr.P.C. as early as possible and without causing any unreasonable delay. With the aforesaid observations, the petition is finally disposed of. (B.C. Kandpal, J.) SP 3