Court No. - 49
Case :- MATTERS UNDER ARTICLE 227 No. - 2984 of 2018 Petitioner :- Jitendra Singh Jadaun @ Sumit Respondent :- Principal Judge Family Court, Aligarh And Another Counsel for Petitioner :- Suresh Narain Pandey
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The present petition has been filed against the order dated 31.10.2017 passed by Principal Judge Family Court, Aligarh in Case No. 619/11/2015 (Smt. Sikha Singh Vs. Jitendra Singh Jadaun), under Section 125 Cr.P.C., Police Station Lodha, District Aligarh, by which the interim maintenance allowance @ Rs. 6000/- per month to the opposite party no.2 has been awarded from the date of that order.
Learned counsel for the petitioner submits that while the petitioner was earlier gainfully employed, at present he is unemployed. In view of the fact, he lost his employment upon being arrested in pursuance of the FIR lodged by the respondent no.2 making recklessly and false allegation. In such circumstance, it has further been submitted that after having parted company with the applicant, the respondent no.2 had withdrawn sum of Rs. 10,00,000/- from the joint account held by the petitioner with respondent no.2.
It has therefore been submitted that the award of interim maintenance allowance @ Rs. 6000/- per month during the pendency of the proceeding is excessive. Also, learned counsel for the applicant submits that if the amount of interim maintenance were to be reduced @ Rs. 3000/- per month, the petitioner would be able to comply with such order.
Considering the above, no useful purpose would be served in keeping the petition pending in view of the order proposed to be passed, keeping in mind the interest of respondents.
Leaving it open to the respondent no.2 to apply for recall of this order, if advised, the instant petition is disposed of with the following directions:-
(i). The award of monthly interim maintenance allowance is modified to Rs. 3,000/- per month in place of Rs. 6,000/- per month, in favour of respondent no.2, from the date of the impugned order.
(ii) The applicant continuing to pay towards monthly maintenance allowance @ Rs. 3,000/- per month to the opposite party no. 2, from the date of the impugned order i.e. 31.10.2017 or before the 10th day of each calender month, from May 2018, onwards.
(ii) The applicant paying an amount of Rs. 21,000/- towards monthly maintenance allowance for the period October, 2017 to April, 2018 on or before 31.05.2018.
All the amounts may be either paid to the opposite party no.2 directly or be deposited by the applicant with the Court below within time indicated above. In the latter case the amount/s 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.
Subject to applicant continuing to comply with the impugned order, the proceeding under Section 125 Cr.P.C. itself may be concluded as expeditiously as possible, preferably within a period of six months from the date of the production of a certified copy of this order, without allowing any undue or long adjournment.
It is further clarified that while deciding the matter of 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 :- 30.4.2018 Mini