Court No. - 49
Case :- APPLICATION U/S 482 No. - 19432 of 2018 Applicant :- Rajdeo Prasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdish Singh 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 application has been filed against the order dated 26.2.2018 passed by Principal Judge Family Court, Gorakhpur and entire proceeding arising out of maintenance case no. 50 of 2016 (Smt. Dhanawati Vs. Rajdeo Prasad), under Section 125 Cr.P.C., by which the interim maintenance allowance @ Rs. 4000/- per month to the opposite party no.2 has been awarded from the date of order.
Learned counsel for the applicant submits that the interim maintenance allowance @ Rs. 4000/- per month and excessive or arbitrary, considering the fact that the applicant is a retired personnel drawing pension not in excess Rs. 12,000/-. It is also submitted that the applicant has other liabilities that he is duly discharging towards three unmarried children who live with him Considering the above, no useful purpose would be served in keeping the application pending 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 apply for recall of this order, if advised, the instant application is disposed of with the following directions:-
(i) The award of monthly interim maintenance allowance is modified to Rs. 3,000/- month in place of Rs. 4,000/- per month, in favour of opposite party no.2, from the date of the impugned order.
(ii) The applicant shall continue to pay interim monthly maintenance allowance @ Rs. 3,000/- each per month to the opposite party no. 2, from the date of the impugned order i.e. 26.2.2018 or before the 10th day of each calender month, from July 2018, onwards.
(iii) The applicant shall pay an amount of Rs. 15,000/- towards monthly maintenance allowance for the period February 2018 to June 2018 on or before 30.06.2018.
All the amounts may be either paid to the opposite party no.2 directly or be deposited by the applicant with the Court below within time indicated above. In the latter case the amount/s shall be released to the opposite party no. 2, forthwith.
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.
Subject to applicant continuing to comply with the impugned order, the proceeding under Section 125 Cr.P.C. itself may be concluded as expeditiously as possible, preferably within a period of six months from the date of the production of a certified copy of this order, without allowing any undue or long adjournment.
It is further clarified that while deciding the matter of award of final maintenance allowance, the learned Court below shall pass that order and provide for such maintenance as may be justified in the facts , circumstances and evidence of the case (i.e. yet to be led), without being influenced in any manner and to any extent by any observation made in this order.
Order Date :- 29.5.2018 Mini