Court No. - 49
Case :- APPLICATION U/S 482 No. - 10509 of 2018 Applicant :- Jitendra Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Manohar Kashyap 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.
This application under Section 482 Cr.P.C. has been filed to stay the effect and operation of the order dated 7.11.2017, passed by the Principal Judge, Family Court, Ghazipur in criminal misc. case no.240 of 2014, filed u/s 125 Cr.P.C. by opposite party no.2, by which interim maintenance allowance @ Rs.2,000/- per month has been awarded to opposite party no.2 from the date of that order.
Learned counsel submits that the amount of interim maintenance allowance awarded is excessive and arbitrary, considering the fact that the applicant is a manual labourer.
Having considered the aforesaid arguments, I find that opposite party no.2 had filed the application for grant of maintenance on 2.2.2014. The said application has remained pending for more than three years. Also it is not disputed that the applicant is an able bodied person.
In view of the above, the award of the interim maintenance allowance @ Rs.2,000/- per month is neither excessive nor arbitrary, keeping in mind Section u/s 125 Cr.P.C., exists to provide for means of sustenance to preserve human life and dignity and to prevent vagrancy. As an able bodied person, even if it is assumed that the applicant is a manual labourer, the award of monthly maintenance allowance @ Rs.2,000/- is minimum that the applicant may be required to provide for the benefit of opposite party no.2.
Application lacks merit and does not call for any interference. However, subject to the applicant complying with the aforesaid order, the learned court below may proceed and decide the application under Section 125 Cr.P.C., as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, if there is no other legal impediment.
With the aforesaid directions, this application is finally disposed of. Order Date :- 30.3.2018 Shalini