Court No. - 88
Case :- CRIMINAL REVISION No. - 4328 of 2019 Revisionist :- Rajesh Koul Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Utkarsh Birla Counsel for Opposite Party :- G.A.,Dharmendra Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Utkarsh Birla, learned counsel for the revisionist, learned A.G.A. for the State and Sri Dharmendra Singh, learned counsel for the opposite party no.2.
The instant revision has been filed for setting aside the order dated 09.10.2019 passed by learned Additional Principal Judge, Family Court, District Gautam Budh Nagar in Criminal Misc. Case No. 44 of 2019 (Smt. Shivata Dhar Vs. Rajesh Koul), under Section 125 Cr.P.C. Police Station Surajpur, District Gautam Budh Nagar, whereby application 6 Kha filed by the opposite party no.2 for grant of interim maintenance has been allowed.
Brief facts of the case are that the opposite party no.2 being natural guardian of her minor daughter namely, Siyona filed an application under Section 125 Cr.P.C. being Case No. 44 of 2019 (Shivatata Dhar Vs. Rajesh Kaul) for grant of Rs. 25,000/- per month as maintenance for her minor daughter Km. Siyona. In the aforesaid application, it is admitted that the opposite party no.2 is a working lady and earns enough to maintain herself and the application has been filed for claiming maintenance on behalf of her minor daughter. The aforesaid case was contested by the revisionist by filing an objection, wherein it has been stated that the opposite party no.2 earns Rs. 1 lac per month on the other hand, he is an unemployed person and that the opposite party no.2 earns sufficient to maintain herself and her minor daughter Siyona. The opposite party no.2 also filed an application 6 Kha for grant of interim maintenance and the learned Court below after considering and perusing the record directed the revisionist to pay Rs. 15,000/- per month to the opposite party no.2 for maintaining her minor daughter Siyona, vide impugned order dated 09.10.2019, which is under challenge before this Court.
Learned counsel for the revisionist submits that the revisionist is an unemployed person and has submitted his income tax return for the assessment year 2017-18 wherein his total income was Rs. 2,95,064/- but in the assessment year 2018-19, his income was nil. He further submits that the revisionist is now unemployed and the learned Court below without recording any finding towards the income of the revisionist has passed the impugned order directing the revisionist to pay exorbitant amount of Rs. 15,000/- per month as interim maintenance to his minor daughter Km. Siyona. It is next submitted that the Family Court has failed to consider that the mother of Km. Siyona is a working lady having income of Rs. one lac per month which is sufficient to maintain herself and her minor daughter but the Family Court without considering the same has granted excessive amount of interim maintenance, vide order impugned which is not sustainable in the eyes of law and therefore, the same is liable to be set aside by this Court.
On the rival side, learned counsel for the opposite party no.2 has submitted that it is the duty of the father/revisionist to maintain her minor child Km. Siyona and the learned Family Court after considering the entire evidence available on record has rightly granted the interim maintenance of Rs. 15,000/- per month, which cannot be said to be excessive, thus the order impugned suffers from no legal infirmity and is liable to be upheld by this Court.
Considered the submissions of rival parties as well as perused the record. Perusal of impugned order shows that the Family Court has not recorded any finding towards the income of the revisionist and as such the amount of interim maintenance awarded by the Family Court appears to be excessive.
In view of above, the instant revision is partly allowed. The amount of interim maintenance awarded by the Additional Principal Judge, Family Court, District Gautambudh Budh Nagar to the tune of Rs. 15,000/- per month in favour of daughter Km. Siyona, is reduced to Rs. 10,000/- per month. It is further directed that the revisionist shall deposit the entire arrears of interim maintenance at the rate of Rs. 10,000/- per month till date before the concerned Court below within a period of three months from today, after adjusting the amount if any paid by the revisionist and continues to deposit month to month maintenance amount as directed by this Court before the concerned Court below on or before 10th of every calender month. The amount so deposited by the revisionist shall be paid to the opposite party no.2 forthwith.
It is admitted by learned counsel for the parties that the Criminal Misc. Case No. 44 of 2019 (Smt. Shivata Dhar Vs. Rajesh Koul), under Section 125 Cr.P.C. Police Station Surajpur, District Gaurambudhnagar, filed by the opposite party no.2 is pending before the learned Family Court since 30.01.2019 and prays that a suitable direction may be issued to the concerned Court below to decide the same within specific time as deem fit by this Court.
In view of above, the Family Court concerned is directed to expedite and dispose of the aforesaid case, expeditiously, preferably within a period of six months from the date of production of a copy of this order, unless there is no legal impediment.
Order Date :- 6.10.2021 S.Ali