Court No. - 49
Case :- APPLICATION U/S 482 No. - 14537 of 2018 Applicant :- Obaidullah Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed against the exparte order dated 21.12.2016 passed under Section 125 Cr.P.C. by the Principal Judge, Family Court, Deoria, awarded total maintenance allowance @ Rs. 7,000/- per month (in all) to the opposite party no.2 and her three children.
The applicant claims to have filed an application under section 126 (2) Cr.P.C. before the learned court below on 29.08.2017. It is submitted that the aforesaid application has remained pending for very long. The applicant, in the meantime paid a sum of Rs. 17,500/- and has also deposited 1/4 amount of the arrears under the directions issued by the learned court below.
Presently, the applicant is aggrieved with the facts that despite such deposit having made, his application under Section 126 (2) Cr.P.C. has continued to remain pending and in the meantime recovery is being proceeded against the applicant. It is further submitted that the applicant is a manual labourer.
Considering the above, the present application is disposed of with the following directions:
(i) The application filed by the applicant under Section 126(2) Cr.P.C. dated 29.08.2017 may be decided by the learned court below within a period of three months from the date of production of a certified copy of this order.
(ii) In the meanwhile the applicant shall continue to pay the opposite party no.2 and her three children towards maintenance allowance, Rs. 3,500/- per month (in all) for the period from May, 2018 onwards on or before 10th day of each calender month. Such amount may either be paid to the opposite party no.2 or be deposited with the learned court below within that time.
(iii) Subject to the aforesaid compliance being made by the applicant, further recovery against the applicant for a period of four months from today or till the disposal of the application filed under Section 126 (2) C.P.C., whichever is earlier shall remain stayed.
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.
The present application is disposed of. Order Date :- 27.4.2018 Lbm/-