Court No. - 49
Case :- APPLICATION U/S 482 No. - 6384 of 2018 Applicant :- Sanjay Kumar Srivastava Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Manvendra Nath Singh,Vinod Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Nitesh Kumar Srivastava, Advocate holding brief of Sri Manvendra Nath Singh, learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed against the order dated 14.07.2017 passed by the Principal Judge, Family Court, Chandauli in Case No. 624 of 2009 (Case No. 23 of 2013) (Rekha Devi Vs. Sanjay), under Section 125 Cr.P.C., Police Station- Kotwali, District- Chandauli by which the application for monthly maintenance allowance filed by the opposite party nos. 3 and 4 and another son of opposite party has been partly allowed. While the learned court below has rejected the application for maintenance allowance filed by the opposite party no. 3 and her elder son Aman Srivastava, it has allowed the application for provision of maintenance allowance to opposite party no. 4 from the date of application being 05.10.2009, @ 3,000/- per month.
Learned counsel for the applicant further states that the award should have been from the date of the order and not from the date of the application. Insofar as the order has been made for payment of maintenance amount from the date of application, I do not find any error in the same in view of the fact that the application had been filed by the opposite party on 05.10.2009, which ought to have been decided within a period of 60 days from that date. However, the same has been decided more than 94 months from the date when such application was filed.
The opposite parties have not received any amount towards maintenance as had been claimed by them and which under law, they were entitled to. Also, even upon amount as claimed becoming payable they have not become entitled to any interest for the inordinate delay. The cost of such delay, if at all has to be borne by one party, it has to be the applicant herein and not the opposite parties/claimant especially, when the law created an expectation for the application to be decided within sixty days of it being filed. Therefore, in my view the award of the maintenance from the date of application does not suffer from any infirmity.
Lastly, it has been submitted by learned counsel for the applicant that he may be granted some time to comply with the order dated 14.07.2017 insofar as it provides for maintenance allowance from the date of application to the opposite party no. 4.
Accordingly, the instant application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security (for the entire amount of arrears upto August, 2017), to the satisfaction of the court below in the shape of other than cash or bank guarantee, by 31.03.2018 further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. Subject to the applicant having complied with the above, the amount of Rs. 2,85,000/- (approx.) that are the arrears of maintenance allowance for the period from the date of application till 25.08.2017 shall be deposited in four instalments. First Rs. 75,000/- being payable on or before 30.04.2018; second Rs. 75,000/- by 30.06.2018; third Rs. 75,000/- by 30.08.2018 and; the balance amount shall be deposited on or before 30.10.2018.
The amount so deposited by the applicant shall be released to the opposite party no. 4 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 and recoveries be made first from the security, if any, offered by the applicant in compliance of this order.
It has been lastly submitted by learned counsel for the applicant that opposite party no. 4 has attained the age of majority on 25.08.2017. Thus, it would be open to the applicant to apply before the court below for necessary correction/modification and further maintenance allowance payable for the period August, 2017 onwards would be payable according to the order to be passed by the court below.
Disposed of.
Order Date :- 26.2.2018 A. Singh