Court No. - 49
Case :- APPLICATION U/S 482 No. - 14043 of 2018 Applicant :- Ram Jaypal Opposite Party :- State Of Up Counsel for Applicant :- Narendra Singh 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.
This application U/s 482 Cr.P.C has been filed against the order dated 19.08.2016 passed by the Addl. District & Sessions Judge/Fast Track Court No. 2, Kannauj in Maintenance Suit No. 70/12 of 2016 (Smt. Radha Devi and others Vs. Ram Jaypal Tomar), under Section 125 Cr.P.C., Police Station- Kannauj, District- Kannauj by which maintenance allowance @ Rs. 1,500/- per month to the opposite party no. 1, @ Rs. 1,000/- per month each to the opposite party nos. 2 and 3 has been awarded by the learned Court below from the date of that order.
Thus, as on date (up to April, 2018) the maintenance allowance for 21 months has become due against the applicant being Rs. 73,500/-.
Learned counsel for the applicant submits that the monthly maintenance allowance @ Rs. 3,500/- (in all) per month is excessive or arbitrary.
According to the opposite party no.1, the applicant was engaged in agricultural activity as also he was running a dairy and in addition thereto he was engaged in trading in potatoes. She led oral evidence in support of such averment as also filed khatauni 'Gata' No. 893, Village Mirgawa of 0.14 hectare. The applicant was confronted with such documentary evidence wherein he admitted to it's correctness.
In view of the above facts, the finding recorded by the learned Court below awarding monthly maintenance allowance @ Rs. 3,500/- (in all) to the opposite parties, that too from the date of the order does not suffer from any infirmity. It is neither excessive nor arbitrary.
On the other hand, it appears to be based on material and evidence available on record, the amount is minimal and is necessary to be provided for the survival of three human lives with minimal dignity.
Last, learned counsel for the applicant states that some time may be allowed to the applicant to make good the default.
Accordingly, the instant application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security to the tune of Rs. 80,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 15.05.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to pay the monthly maintenance allowance to opposite parties as awarded from the period May, 2018 onwards on or before the tenth day of each calendar month.
3. Subject to the applicant having complied with the above, the amount of Rs. 80,000/- (approximately) towards arrears of maintenance allowance for the period from the date of order till April, 2018 shall be paid in five bi-monthly instalments, such instalments being payable on or before 30.06.2018, 31.08.2018, 31.10.2018, 31.12.2018 and 28.02.2019 respectively. The first four instalments would be of Rs. 15,000/- each while the fifth/last instalment would be for the balance amount.
Any amount already deposited by the applicant may be adjusted towards payment/s to be made by the applicant towards the last instalment/s.
All the amounts may either be paid to the opposite parties or be deposited by the applicant in the Court below, within time as indicated. In the latter case, it be released to the opposite parties, forthwith.
However, it is further 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.
Order Date :- 27.4.2018 Lbm/-