Court No. - 72
Case :- APPLICATION U/S 482 No. - 17640 of 2021 Applicant :- Jagram Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shamim Ahmad Ansari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and leaned Additional Government Advocate and perused the record with the assistance of learned counsel for the parties.
By means of this application under section 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the order dated 31.3.2021 passed by the Principal Judge, Family Court, Basti in Criminal Maintenance Petition No. 1288/11 of 2014 (Smt. Poonam Gupta and another vs. Jagram Gupta), under Section 125 Cr.P.C., police station Parasurampur, district Basti, whereby the learned Judge has allowed the application moved by opposite party No. 2 Smt. Poonam Gupta under Section 125 Cr.P.C. and awarded a sum of Rs. 1000/- to Smt. Poonam Gupta and Rs. 500/- to the child Ms. Shivangi from the date of moving of the application till the date of order and from the date of order Rs, 2000/- to the wife Smt. Poonam Gupta and Rs. 1000- to the child, Shivangi. The amount of arrears from the date of moving application till the date of order was directed to be paid within a period of three months.
Learned counsel for the applicant contended that the learned court below has passed the order without applying his mind and the amount awarded is excessive.
Per contra, learned Additional Government Advocate supported the judgement of lower court and submitted that the amount awarded is too meagre.
Having considered the rival submissions of the parties, I am of the view that the amount awarded is not only meagre one, but also insufficient for opposite party No. 2 to support herself and her minor daughter. It is the duty and responsibility of the husband to look after the welfare of his wife and child. It is extremely difficult to conceive that a women with her minor daughter would be in a position to maintain them with the amount of Rs. 3,000/- per month. The inherent and fundamental principle behind Section 125 Cr.P.C. is far amelioration of financial state of affairs as well as mental agony and anguish that women suffers when she is compelled to leave her matrimonial home along with her child. The plea advanced on behalf of the applicant (husband) that he does not have the money to pay as he has other liabilities etc., are only a bald excuse and have no acceptability in law.
Therefore, this Court feels that no interference is required in the impugned order dated 31.3.2021. The prayer as claimed is refused.
There is no merit in this application and it is accordingly rejected.
Office is directed to send the copy of this order to opposite party No. 2 within a week.
Order Date :- 28.10.2021 Sumaira