Court No. - 49
Case :- APPLICATION U/S 482 No. - 19800 of 2018 Applicant :- Pushkar Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devesh Kumar Shukla 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 order dated 15.12.2017 passed by the learned Principal Judge, Family Court, Aligarh in Case No. 497 of 2017 (Mrs. Munmun Sharma Vs. Pushkar Sharma) under Section 125 Cr.P.C., by which interim maintenance allowance @ Rs. 4,000/- per month has been awarded to the opposite party no.2 from the date of that order.
Learned counsel for the applicant submits that the learned court below has erred in awarding the interim maintenance allowance without considering the objection raised by the applicant, that the application was not maintainable, it having filed under Section 24 of the Hindu Marriage Act, 1955.
Perusal of the order reveals that the aforesaid objection raised by the applicant was not only noted in the order but also over ruled on the reasoning that mere wrong mention of the section in title of the application would not make it not maintainable, in view of the fact that the relief claimed was for interim maintenance in an application filed under Section 125 Cr.P.C., which admittedly is pending between the parties.
Argument thus advanced by learned counsel for the applicant does not warrant any interference, it is rejected.
It has thus been submitted that the award of interim maintenance allowance @ Rs. 4,000/- per month is excessive. It is undisputed that the applicant is an able bodied person.
Also, it has been submitted that if the amount of interim maintenance allowance were to be reduced from Rs. 4,000/- to Rs. 3,000/- per month, the applicant would be able to comply with the same.
No useful purpose would be served in keeping this application pending or issuing notice to the opposite party no.2 in the matter, in view of the order proposed to be passed keeping in mind the interest of opposite party no.2. Leaving it open to the opposite party no.2 to recall this order, if she so advised, the present application is disposed of, thus:
Considering the argument made by learned counsel for the applicant and fair suggestion made by him, the impugned order dated 15.12.2017 is modified to provide for interim maintenance allowance @ Rs. 3,000/- per month payable to the opposite party no.2 from the date of that order.
(i) The applicant shall continue to pay the interim maintenance allowance for the period from June, 2018 onwards @ Rs. 3,000/- per month to the opposite party no.2 on or before the tenth day of each calendar month.
(ii) The applicant shall further pay Rs. 18,000/- towards maintenance allowance for the period from December, 2017 to May, 2018 to the opposite party no.2 on or before 30.06.2018.
(iii) Subject to the aforesaid compliance being made by the applicant, the proceedings under Section 125 Cr.P.C. may be concluded by the learned court below, keeping in mind the income of the applicant that may estimated upon evidence being led and without being influenced by any observation made in this order, as expeditiously as possible, necessarily within a period of four months from the date of production of a certified copy of this order, without allowing any undue or long adjournment to either of the parties.
All the amounts if deposited by the applicant in the Court below shall be released to the opposite party no.2 forthwith.
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 :- 30.5.2018 Lbm/-