Court No. - 49
Case :- APPLICATION U/S 482 No. - 9811 of 2018 Applicant :- Pramod @ Nitu Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.GA. for the State.
The present 482 Cr.P.C. application has been filed against the order dated 1.12.2017, by which the learned Principal Judge Family Court, Aligarh has conditionally recalled the exparte order dated 28.10.2016 passed under Section 125 Cr.P.C.
By the order dated 28.10.2016, the learned Principal Judge Family Court, Aligarh had provided for maintenance allowance @ of Rs. 6,000/- per month from the date of the application being 6.7.2011. The said order has been recalled subject to the applicant depositing 25% of the arrears from the date of the application till the date of the order dated 1.12.2017 within a period of two months and his continuing to deposit by way of interim maintenance allowance @ of Rs. 6,000/- per month from the date of that order.
Presently, the period of two months has elapsed and 25% of the arrears as directed by the learned Court below has not been deposited by the applicant. Also, the applicant has not complied with the other part of the order dated 1.12.2017 inasmuch as he has not paid amount of maintenance allowance @ of Rs. 6,000/- per month from 1.12.2017 till today.
It appears in the record that the opposite party no.2 had earlier filed a criminal case against the applicant being Case No. 308 of 2011 (Nepal Singh Vs. Pramod @ Nitu, under Sections 498A, 323, 504, 506 IPC read with Section 3/4 D.P. Act, Police Station Lodha, District Aligarh and another Case No. 309 of 2011 (Nepal Singh Vs. Pramod @ Nitu), under Sections 406 and 323 IPC. During pendency of the aforesaid two criminal cases the proceeding under Section 125 Cr.P.C. also appears to have been drawn up against the applicant in the year 2011.
Thus, after prolonged litigation and passage of time the order under Section 125 Cr.P.C. first came to be passed in the year 2016 an exparte basis.
Considering the fact that the applicant was serving in the Indian Army up to 2014, the award of maintenance of Rs. 6,000/- per month was neither excessive nor arbitrary as the applicant was in receipt of salary dues as also, now he is in receipt of retiral dues that may safely be assumed to be enough to provide for the maintenance allowance as awarded.
In any case, learned Court below had already granted an indulgence to the applicant by recalling the exparte order dated 28.10.2016 subject to two conditions. No amount of maintenance allowance having been paid to the applicant for long period from 2011 to 2017, condition for deposit 25% of the arrears is thus wholly just and proper. It is neither excessive or arbitrary. Similarly provision for interim maintenance allowance @ of Rs. 6,000/- per month also does not call for any interference. As some means of sustenance have to be provided to the opposite party no.2 to preserve her life and dignity.
However, in the interest of justice, one last opportunity is granted to the applicant to make good the default under the order dated 1.12.2017 such that the applicant may deposit the entire amount of arrears 25% as required by that order on or before 15.4.2018 together with the maintenance allowance @ of Rs. 6,000/- per month from December, 2017 to March, 2018 being Rs. 24,000/-. As for monthly maintenance allowance @ of Rs. 6,000/- per month from the month of April, 2018, the same shall be deposited by the applicant as and when the same becomes due.
The present 482 Cr.P.C. application is thus disposed of. The Order Date :- 27.3.2018 Mini