Court No. - 49
Case :- APPLICATION U/S 482 No. - 14305 of 2018 Applicant :- Smt. Baby Verma @ Rachna Verma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants submits that earlier the learned Principal Judge Family Court, Allahabad has vide his dated 13.6.2008 allowed the application filed by the applicants and provided for monthly maintenance allowance @ Rs. 600/- per month to the applicant no.1 and @ Rs. 300/- each, per month to the applicant nos. 2 and 3 from the date of that order.
Then, upon an application filed under Section 127 Cr.P.C, the aforesaid maintenance allowance was enhanced to Rs. 2,500/- per month to applicant no.1 and @ Rs. 1,500/- each per month to the applicant nos. 2 and 3, from the date of the order dated 13.12.2013.
It is further stated that the Criminal Revision No. 81 of 2014 filed by the opposite party no.2 against the order dated 13.12.2013 has been dismissed by this Court vide order dated 15.1.2014.
Thereafter, the applicants approached this Court by means of 482 Cr.P.C. Application No. 27670 of 2015, which was disposed of vide dated 15.9.2015, by which the recovery proceedings were expedited. Still the applicants remained aggrieved as payment was not made to them.
Accordingly, they filed Contempt Application (Civil) No. 651 of 2016 alleging non-compliance of the order dated 15.9.2015. The said contempt application was disposed of with the following directions:-
"This contempt is disposed of with the direction to O.P. no.1 to ensure that the proceedings under Section 125 Cr.P.C. are brought to its logical conclusion, as expeditiously as possible, preferably within two months from the date of production of the certified copy of the order without granting frivolous adjournments. Adjournments, if any, shall be for very strong and compelling reasons, else would attract a cost of not less than Rs.1000/- to be paid to other side.
The Registrar General is directed to communicate this order to the District Judge, Allahabad, so as to enable him to apprise the same to the Court concerned.
This order may not be construed as an issuance of notice to O.P. no.1.
Compliance report be submitted to this Court on 2.3.2017 at 4:00 P.M, in Chambers."
It is then stated that though some payments were made by the opposite party no.2, still, regular payments are not being made and as on 5.2.2018 the total sum of Rs. 1,16,500/- has become due against the said opposite party. An application for recovery of such amount is stated to be pending.
At the same time, it stands established on record that the opposite party no.2 is a jeweller and thus it may be assumed that he is a man of means. Also, relevant to the present purpose, he has to be presumed to be a person who would be easily traceable.
Yet, the applicants have continued to be aggrieved because the recovery proceedings are taking time. The order sheet of the case as annexed also does not inspire confidence that all efforts have been made to ensure prompt conclusion of the recovery proceedings.
In view of the above, the present application is disposed of with a positive direction to the learned Court to ensure prompt conclusion of the recovery proceedings. If the learned Court below is of the opinion that the opposite party no.2 is habitual in delaying payment, it would be open to the learned Court below, to provide that in addition, to ensure the current arrears are paid up, the opposite party no.2 may also submit a bank guarantee to cover the likely amount of maintenance allowance for six months. Such a bank guarantee may be kept alive for future period of one year from the date of such order being passed. It may not be encashed till the opposite party no. 2 regularly continues to pay the monthly maintenance allowance as and when it become due. Subject to the opposite party no.2 continuing to make prompt payment for a period of one year, such bank guarantee may be allowed to be released in favour of the opposite party no.2.
Order Date :- 27.4.2018 Mini