Court No. - 49
Case :- APPLICATION U/S 482 No. - 14630 of 2018 Applicant :- Girish Dhar Dewedi Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Jagdish Singh 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 application U/s 482 Cr.P.C. has been filed against the order dated 02.04.2018 passed in the recovery proceedings by the FTC/Family Court/Additional District Judge, Room No. 28, Deoria.
Admittedly, as per disclosure made by the applicant a sum of Rs. 2,17,000/- would be due against the applicant till April, 2018. Thus computation has been made on the assumption that the opposite party no.3 had died in December, 2017 and therefore, no maintenance allowance to her may be payable for the period from January, 2018 to April, 2018. Against the aforesaid amount Rs. 2,17,000/- the applicant has admittedly paid only a sum of Rs. 91,800/-. The balance Rs. 1,25,200/- appears to be outstanding against the applicant.
In view of the above, the application for further recovery has been made. Pendency of the application under Section 127 Cr.P.C. does not give rise to any ground to the applicant to resist the present recovery proceedings inasmuch as even in his application filed under Section 127 Cr.P.C. the applicant has only prayed that no further amount is payable by him to the opposite party no.3, from January, 2018 onwards.
In view of the above, the application lacks merit and is liable to be dismissed.
At this stage, learned counsel for the applicant states that some time may be allowed to the applicant to make good the default.
Accordingly, the instant application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security to the tune of Rs. 1,25,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 15.05.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to pay the monthly maintenance allowance to opposite party no. 2 as awarded from the period May, 2018 onwards on or before the tenth day of each calendar month.
3. Subject to the applicant having complied with the above, the amount of Rs. 1,25,000/- (approximately) towards arrears of maintenance allowance for the period from the date of application till April, 2018 shall be paid in five quarterly instalments, such instalments being payable on or before 30.06.2018, 30.09.2018, 31.12.2018, 31.03.2019 and 30.06.2019 respectively. The first four instalments would be of Rs. 25,000/- each while the fifth/last instalment would be for the balance amount.
4. Any amount that may have been deposited by the applicant against the aforesaid dues may be adjusted against the last installment/s.
All the amounts may either be paid to the opposite party no. 2 or be deposited by the applicant in the Court below, within time as indicated. In the latter case, it be released to the opposite party no.2, forthwith.
It is made clear that dues, if any, payable to the opposite party no.3 for the period from January, 2018 onwards has not been examined in the present order. The recovery, if any, on that count may abide by the order passed under Section 127 Cr.P.C. on the application that is claimed to be pending at the instance of the applicant.
However, it is further 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.
Order Date :- 27.4.2018 Lbm/-