Court No. - 49
Case :- CRIMINAL REVISION No. - 1309 of 2018 Revisionist :- Manish Awasthi Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ravikant Shukla 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. The present revision has been filed against the order dated 22.1.2018 passed by the Additional District Judge/Family Court/Kanpur Nagar, by which the interim maintenance allowance @ Rs. 5000/- per month has been awarded to the opposite party no.2 from the date of that order.
Learned counsel for the applicant submits that the total monthly salary of the applicant does not exceed Rs. 10,000/- where from he has also to provide for medical treatment of his father who is suffering from cancer. On the other hand, it is submitted that the opposite party no.2 is gainfully employed with a real estate company and she is deriving monthly income about of Rs. 14,000/-, which fact has been stated in the objection filed by the applicant.
In view of the above, it has been submitted that the award of interim maintenance allowance @ Rs. 5000/- per month is wholly excessive and unreasonable. Learned counsel for the applicant submits that if the interim maintenance allowance were to be reduced to Rs. 3000/- per month, the applicant would be able to comply with such order.
Considering the above, no useful purpose would be served in keeping the application pending in view of the order proposed to be passed, keeping in mind the interest of opposite parties.
Leaving it open to the opposite party to apply for recall of this order, if advised, the instant revision is disposed of with the following directions:-
1. The applicant shall continue to pay interim monthly maintenance allowance @ Rs. 3000/- per month in place of Rs. 5000/- per month from the period May, 2018 onwards as and when it becomes due, in the manner provided by the court below under the impugned award.
2. The applicant shall further pay Rs. 12,000/- towards interim maintenance allowance for the period January, 2018 to April, 2018 on or before 15.5.2018, in the manner provided by the court below under the impugned award.
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 first from the security, if any, offered by the applicant in compliance of this order.
Subject to applicant continuing to comply with the impugned order, the proceeding under Section 125 Cr.P.C. itself may be decided 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 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 :- 24.4.2018/Mini