Court No. - 49
Case :- CRIMINAL REVISION No. - 1311 of 2018 Revisionist :- Prem Chandra Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Maya Ram 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 16.2.2018 passed by the Additional Session Judge/Fast Track Court No.2, Fatehpur, by which the maintenance allowance @ Rs. 5000/- per month has been awarded to the opposite party no.2 from the date of that order and @ Rs. 2000/- per month to opposite party no.3 from the date of his application being 3.1.2012 up to date of his attaining the age of majority in June, 2015.
Learned counsel for the applicant submits that earlier by order dated 14.5.2008 passed in the aforesaid proceeding, the interim maintenance allowance @ Rs. 1500/- per month had been awarded to opposite party no.2 and @ Rs. 700/- per month to opposite party no.3. The said amount has been revised under Section 127 Cr.P.C.
In so far as the learned Court below has itself provided for enhanced maintenance allowance to opposite party no.2 from the date of the order, there can be no grievance.
In this regard, it is further noted that the applicant is a Class-IV employee in the Civil Court, Fatehpur. Considering the above, the award of maintenance allowance @ Rs. 5000/- per month from the date of the order does not suffer from any infirmity and it is hereby sustained, since the applicant has a state employment with substantial salary.
In so far as the award of maintenance allowance at the enhanced rate to opposite party no.3 has been made from the date of the application it is seen that such enhanced maintenance allowance was to be paid to the opposite party no.3 up to date of his attaining the age of majority. It is further noted that the application for enhancement on behalf of the said opposite party no.3 had been filed on 3.1.2012. On the date of the order being 16.2.2018 he would have attained the age of majority and therefore, would not be entitled to any further maintenance allowance, either at the original rate or at the enhanced rate.
Consequence the emerges is that the enhanced maintenance allowance that had been claimed on behalf of opposite party no.3 is to be paid only for the period 3.1.2012 to June, 2015, which would be for a period of 48 months being about Rs. 1,00,000/-.
Thus, in light of such facts, provision of maintenance allowance @ Rs. 700/- per month was wholly inadequate. Keeping in mind the overall facts and circumstances of the case the enhancement to Rs. 2000/- per month is neither excessive nor arbitrary.
Accordingly, the instant revision is disposed of with the following directions:
1. The applicant shall continue to pay the monthly maintenance allowance @ Rs. 5000/- per month to the opposite party no.2 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. 15,000 /- towards maintenance allowance for the period February, 2018 to April, 2018 on or before 31.5.2018.
3. The applicant shall deposit of Rs. 1,00,000/-(approximately) being arrears of maintenance allowance to the opposite party no.3 for the period from the date of application to June, 2015 within a period of three months from today.
Any amount deposited by the applicant towards the maintenance allowance payable to opposite parties nos.2 and 3 may be adjusted and only balance amount be payable by the applicant.
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.
Order Date :- 24.4.2018 Mini