Court No. - 49
Case :- CRIMINAL REVISION No. - 1365 of 2018 Revisionist :- Puneet Sharma Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Pankaj Kumar Srivastava 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 passed by learned Principal Judge Family Court, Meerut dated 18.1.2018, by which the monthly maintenance allowance @ Rs. 4000/- per month has been awarded to the opposite party no.2 from the date of her application being 27.8.2014.
Learned counsel for the applicant submits that the award of maintenance allowance @ Rs. 4000/- per month that too from the date of the application, is excessive. He submits that the applicant is only earning about Rs. 6000/- per month and, therefore, he would not be able to bear the burden of maintenance allowance provided by the learned Court below.
Having considered the argument advanced by learned counsel for the applicant and having perused the order passed by the learned Court below as also the document annexed with the present revision, it is seen that this is a case arising from the second marriage of both parties. Their earlier respective marriages having ended in divorce.
The opposite party no.2 had claimed maintenance allowance @ Rs. 30,000/- per month. As against the same, the learned Court below has at present awarded monthly maintenance allowance @ Rs. 4000/-.
As to the income of the applicant, the applicant did not lead any documentary evidence either in the shape of income tax return or his bank account or any other document. However, he made an oral statement that he is working at a shop being run by the applicant's father, where from the applicant and his brother are paid Rs. 6000/- per month, each.
On the other hand, the opposite party no.2 also could not lead any evidence in the shape of any documentary or other credible evidence to establish any particular level of earning of the applicant.
In such facts, while the award of maintenance allowance @ Rs. 4000/- per month from the current date i.e.from the date of the order dated 18.1.2018 appears to be wholly just and proper, keeping in mind the financial and social status of the parties as has been noted by the learned Court below, there does appear some doubt as to whether the maintenance allowance at the rate i.e. Rs. 4000/- could be sustained for past period of almost four years.
In the above regard, the learned Court below has also not recorded any categorical findings or it has given any reason to justify the award of maintenance allowance @ Rs. 4000/- per month for the past period.
Thus, it is difficult to sustain the award of maintenance allowance at that rate from the date of the application being 27.8.2014 (four years).
Learned counsel for the applicant submits that the total arrears at that rate would come to Rs. 1,64,000/- and the applicant had no means to satisfy the same.
At the same time, it cannot be disputed or denied that the opposite party no.2 is entitled to maintenance allowance for the period from the date of application till the date of order. Inasmuch as the applicant has been unable to show that the said opposite party no.2 had any means of sustenance when she filed her application in the year 2014. Thus some minimum means were necessary to be provided.
Having heard learned counsel for the applicant and having perused the order passed by the learned Court below, it appears no useful purpose would be served by issuing notice to opposite party no. 2, at this stage, in view of the order proposed to be passed.
Thus, at present, while the award of maintenance allowance @ Rs. 4,000/- per month for the present is being approved, the finding of the learned court below awarding maintenance allowance at that rate for the period 27.8.2014 to 18.1.2018 is set aside and the matter is remitted to the learned court below on this limited issue of quantifying amount of maintenance allowance payable for the period from the date of the application till the date of the order.
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:-
(i). The award of maintenance allowance @ Rs. 4,000/- per month from the date 18.01.2018 onward is sustained.
(ii). Subject to the applicant furnishing adequate security to the tune of Rs. 1,64,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 15.5.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
(iii) The applicant shall deposit an amount of Rs. 82,000/- in two installments, first being payable on or before 30.6.2018 and second being payable on or before 30.8.2018.
(iv) Considering the above, the order dated 18.1.2018 is set aside and the case is remitted to the learned Court below to decide the matter afresh on the issue of maintenance allowance awarded from the date of the application to the date of the order (18.1.2018), in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of the production of a certified copy of this order .
(v) It is clarified that that the opposite party no.2 would continue to be entitled to receive maintenance allowance @ Rs. 4000/- per month from the date of the order on wards, in terms of the impugned order dated 18.1.2018.
All the amounts if deposited by the applicant in the Court below shall be released to the opposite party no.2 forthwith, upon due verification.
Order Date :- 27.4.2018 Mini