Court No. - 49
Case :- APPLICATION U/S 482 No. - 10047 of 2018 Applicant :- Jagdish Prasad Rajpoot Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh,A.K.S.Parihar 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.
Present revision application has been filed for quashing the ex-parte judgement and order dated 2.3.2017, as well as order dated 12.2.2018, passed by the Principal Judge, Family Court, Jalaun at Orai respectively in Criminal Misc. Case No.357 of 2014 (Smt. Ram Dhakeli Vs. Jagdish Prasad Rajpoot) under Section 127 Cr.P.C., P.S. Dakor, District Jalaun and Criminal Misc. Case No.159 of 2017 (Jagdish Prasad Rajpoot Vs. Smt. Ram Dhakeli).
In this regard, it is noted that earlier, by an order dated 23.4.2008, maintenance allowance @ Rs.600/- per month had been awarded in favour of opposite party no.2, from the date of that order.
Learned counsel for the applicant submits that there has been no default in compliance of the aforesaid order.
Subsequently, on 5.8.2014, opposite party no.2 filed an application under Section 127 Cr.P.C., seeking enhancement of the maintenance amount. The aforesaid application has been allowed ex-parte on 2.3.2017. By that order, the monthly maintenance allowance has been enhanced to Rs.4,500/- from the date of that order.
Against the aforesaid order, the applicant filed an application under Section 126(2) Cr.P.C., to recall the ex- parte order. However, the same has also been rejected by order dated 12.2.2018.
Learned counsel for the applicant submits that the increase of the monthly maintenance allowance from Rs.600/- per month to Rs.4,500/- per month is excessive and arbitrary.
It is further submitted that the status of the applicant remains the same being that of a fair price shop licensee.
He further submits that his two daughters are residing with the applicant and that he is providing for their educational needs.The elder daughter is presently studying at Lucknow, in a B.Tech course, while the younger daughter is still in school.
Having considered the arguments so advanced by learned counsel for the applicant, it is seen that in the first place, the award of Rs.600/- even in the year, 2008, was wholly inadequate and insufficient for the preservation of human life and dignity and to prevent vagrancy.
Therefore, that amount cannot be considered as a basis to test while the reasonableness of the enhancement made to the monthly maintenance allowance.
Then, considering the fact that the applicant admittedly is running fair price shop, it does not appear that the award of monthly maintenance allowance @ Rs.4,500/- is either excessive or arbitrary such as may warrant interference in the present application. No material exists on the record and none has been shown to exist as to warrant deeper examination of this issue.
Therefore, the same does not warrant any interference in the present proceedings. Lastly, it has been submitted that sometime may be allowed to the applicant to make good the deficiency.
Accordingly, the instant application is disposed of with the following directions:
1. The applicant shall continue to pay the monthly maintenance allowance from the period April, 2018 onwards as and when it becomes due, in the manner provided by the court below under the impugned award.
2. Subject to the applicant having complied with the above, the amount of Rs. 57,500/- (approximately) being arrears of maintenance allowance for the period from the date of order till March, 2018 shall be deposited in two instalments, such instalments being payable on or before 30.04.2018 and 31.05.2018 respectively. The first instalment would be of Rs. 30,000/- while the second/last instalment would be for the balance amount.
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 and recoveries be made from the applicant in compliance of this order.
Order Date :- 28.3.2018 Shalini