Court No. - 49
Case :- APPLICATION U/S 482 No. - 10169 of 2018 Applicant :- Muniwant Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed against the order dated 08.01.2018 passed by the learned Principal Judge, Family Court, Maharajganj in Case No. 251 of 2016 (Smt. Neelam Vs. Muniwant) by which interim maintenance allowance @ Rs. 2,000/- per month to the opposite party no. 2 and @ Rs. 1,000/- per month to her son has been awarded from the date of that order.
Learned counsel for the applicant submits that there is no evidence of the applicant having engaged in trading in foodgrains and that the estimation of his income is a wild guess work. On the other hand, it has been submitted that the applicant is working as a manual labourer and having two dependents his old parents.
Considering the fact that the present maintenance allowance is interim and final orders are yet to be passed, no useful purpose would be served in issuing notice to the opposite party no. 2.
Accordingly, the present application is disposed of with the direction, subject to the applicant depositing monthly maintenance allowance @ Rs. 2,000/- per month (in all) to the opposite party no. 2 from the date of the order being 08.01.2018, during the pendency of the proceedings before the learned court below, no coercive measure shall be taken against the applicant.
It is further provided that the amount of monthly maintenance allowance @ Rs. 2,000/- per month from the date of the order till March, 2018 being Rs. 6,000/- shall be paid on or before 30.04.2018. The applicant shall further continue to pay the monthly maintenance allowance from the period April, 2018 onwards as and when it becomes due @ Rs. 2,000/- per month, in the manner provided by the court below under the impugned award. Also, the learned court below may proceed to 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.
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 from the applicant in compliance of this order.
Order Date :- 28.3.2018 A. Singh