Court No. - 49
Case :- APPLICATION U/S 482 No. - 14155 of 2018 Applicant :- Dalveer Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed against the order dated 19.12.2017 passed by the learned Principal Judge, Family Court, Aligarh in Case No. 310 of 2016 (Smt. Rachna Devi Vs. Dalveer Singh), under Section 125 Cr.P.C., Police Station- Harduaganj, District- Aligarh, by which interim maintenance allowance @ Rs. 3,000/- per month to the opposite party no. 2 and @ Rs. 1,000/- per month to her son has been awarded by the learned court below from the date of that order.
Learned counsel for the applicant submits that the applicant is a manual labourer and he would not be able to bear such a heavy award. It has also been submitted that the applicant had instituted Section 9 proceedings of the Hindu Marriage Act for restitution of conjugal rights which are also pending. It is therefore submitted that the award of maintenance allowance should not have been made.
Section 125 Cr.P.C. proceedings are social justice measure to provide for minimum means for sustenance to preserve human life and dignity and to prevent vagrancy and destitution.
It is also not disputed that the applicant is an able bodied person and that he would have some earning capacity. At present, evidence is yet to be led in the proceedings before the learned Court below and therefore estimation of the applicant's income has not been made.
Considering the above, no useful purpose would be served in keeping the application pending or issuing notice to the opposite party no. 2, in view of the order proposed to be passed, keeping in mind the interest of opposite party no. 2.
Leaving it open to the opposite party no. 2 apply for recall of this order, the present application is disposed of with the following directions:
1. The award of monthly maintenance allowance is modified to Rs. 2,000/- per month to the opposite party no. 2 and @ Rs. 1,000/- per month to her son i.e. @ Rs. 3,000/- per month (in all) in place of Rs. 4,000/- per month (in all), from the date of the order.
2. The applicant shall continue to pay monthly maintenance allowance @ Rs. 3,000/- per month (in all) to the opposite party no. 2 from the date of the impugned order, such that the amount of Rs. 15,000/- towards arrears of interim maintenance allowance from the period December, 2017 to April, 2018 shall be paid by the applicant to opposite party no. 2 in two equal instalment, such instalment being payable on or before 31.05.2018 and 31.07.2018 respectively. Both instalments would be of Rs. 7,500/- each 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 (in all) on or before the tenth day of each month.
Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant and the learned Court below shall consider and decide the application under Section 125 Cr.P.C. as expeditiously as possible.
All the amounts if deposited by the applicant in the Court below shall be released to the opposite party no. 2 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.
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 A. Singh