Court No. - 49
Case :- CRIMINAL REVISION No. - 1313 of 2018 Revisionist :- Bhupendra Umrao Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Birendra Singh,Bir Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present revision has been filed against the order dated 7.2.2018 passed by learned Principal Judge, Family Court, Kanpur Nagar, by which the monthly interim maintenance allowance @ Rs. 5000/- per month to the opposite party no.2 and @ Rs. 4000/- per month to the opposite party no.3 has been awarded from the date of the order.
Learned counsel for the applicant submits that the award of interim maintenance allowance is too high and at present there does not exist any evidence to satisfy such award of high maintenance allowance. In addition, it is submitted that the applicant himself is suffering from disease. At the same time, learned counsel for the applicant submits that if the interim maintenance allowance were to be reduced @ Rs. 5000/- (in all), the applicant would be able to comply with such order.
It is seen that the main application under Section 125 Cr.P.C. is still pending and evidence is yet to be led before the learned Court below.
Considering the above, no useful purpose would be served in keeping the revision pending in view of the order proposed to be passed, keeping in mind the interest of opposite parties.
Leaving it open to the opposite party to apply for recall of this order, if advised, the instant revision is disposed of with the following directions:-
1. The award of monthly maintenance allowance is modified to Rs. 3,000/- per month and 2000/- in place of Rs. 5,000/- per month and 4000/- per month, in favour of opposite party nos. 2 and 3, respectively from the date of the impugned order.
2. The applicant shall continue to pay monthly maintenance allowance @ Rs. 3,000/- per month to the opposite party no. 2 and @ Rs. 2000/- per month to the opposite party no.3 from the date of the impugned order, such that the amount of Rs. 15,000/- towards monthly maintenance allowance from the period February, 2018 to April, 2018 shall be paid by the applicant to opposite parties on or before 31.05.2018 or be deposited before the learned court below within that time.
3. Further, the applicant shall continue to pay to opposite party no. 2 or deposit before the learned court below, monthly maintenance allowance for the period May, 2018 onwards as and when it becomes due, under the impugned order, at the aforesaid rates i.e. @ Rs. 3,000/- per month and 2000/- per month.
Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant.
All the amounts if deposited by the applicant in the Court below shall be released to the opposite party nos. 2 and 3 forthwith.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court.
Subject to applicant shall continue to comply with the impugned order, the proceeding under Section 125 Cr.P.C. itself may be expeditiously as possible, preferably within a period of six months from the date of the production of a certified copy of this order without allowing any undue or long adjournment.
It is further clarified that while deciding the matter award of final maintenance allowance, the learned Court below shall pass that order and provide for such maintenance as may be justified in the facts , circumstances and evidence of the case (i.e. yet to be led), without being influenced in any manner and to any extent by any observation made in this order.
Order Date :- 24.4.2018 Mini