Court No. - 80
Case :- APPLICATION U/S 482 No. - 9454 of 2021 Applicant :- Mahesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed challenging the orders dated 14.8.2019 and 1.3.2021 passed by the Addl. Principal Judge, Family Court (Court No. 3), Kanpur Nagar in Case No. 746 of 2018 (Smt. Gudiya Devi and others Vs. Mahesh Kumar) by which application filed under Section 126(2) Cr.P.C. has been allowed subject to the condition that the applicant shall deposit a sum of Rs. 42,500/- within 15 days from the date of order. On the deposition of the said amount, the exparte order dated 14.8.2019 shall be set aside and the case shall be restored to its original number and opportunity shall be given to the applicant to file his written statement.
Learned counsel for the applicant has submitted that the applicant is a very poor person and has no source of his livelihood and is unable to deposit a sum of Rs. 42,500/- which is too excessive and be further reduced in order to enable him to pay the said amount.
Per contra, learned AGA has submitted that the opposite party no. 2 had filed an application u/s 125 Cr.P.C. on 2.8.2018 with the prayer that she is unable to maintain herself and her two minor children who were unable to maintain themselves. During the said proceeding the applicant did not appear nor file his written statement to contradict the case of the applicant and as such the court below vide its order dated 14.8.2019 allowed the said application and directed the applicant to pay a sum of Rs. 4000/- per month to his wife and Rs. 3000/- each to his two minor children.
However, despite specific order being passed the applicant has not paid a single penny to his wife and his two minor children and moved an application u/s 126(2) Cr.P.C. dated 25.11.2019 to recall the order dated 14.8.2019 granting maintenance to the wife and two children which application has been allowed by the court below requiring the applicant to pay a sum of Rs. 42,500/- being 1/4th of the total due amount being Rs. 1,70,000/-. Even the said amount of Rs. 42,500/- has not been paid and more than six months has already elapsed and now the due amount has reached the figure of about Rs. 2,30,000/-.
In the facts and circumstances of the case, in case the applicant deposits a sum of Rs. 42,500/- within three weeks, the exparte order dated 14.8.2019 passed by the court below be set aside and the case be restored to its original number and the applicant be heard on merits by filing his written statement.
In case the amount is not paid within the stipulated period, the due amount be recovered from him in accordance with law.
With these observations, the application u/s 482 Cr.P.C. stands disposed of.
Order Date :- 30.7.2021 KU