Court No. - 49
Case :- APPLICATION U/S 482 No. - 14049 of 2018 Applicant :- Sanjay Kumar Opposite Party :- State Of Up And Another Counsel for Applicant :- Shyam Lal 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 3.3.2018 passed by the learned Principal Judge, Family Court, Basti, by which the application filed by the applicant under Section 126(2) Cr.P.C. has been rejected.
Earlier by order dated 9.6.2014, the learned Principal Judge Family Court, Basti had passed an exparte order under Section 125 Cr.P.C., by which the application for maintenance allowance filed by the opposite party no.2 had been allowed and maintenance allowance @ Rs. 1500/- per month had been awarded to the opposite party no.2 from the date of that order, together with cost of Rs. 2000/-.
The total default as on date for a period of 47 months exists against the applicant. Thus, sum of Rs. 72,500/- together with cost of Rs. 2000/- is due outstanding against the applicant.
While, no error could be pointed out in the order passed by the learned Court below dated 3.3.2018, inasmuch as admittedly the applicant had first appeared in the proceeding under Section 125 Cr.P.c. but had subsequently stopped appearing.
As to the amount that is recoverable, it is submitted that the applicant is a manual labourer and therefore, he would not be able to pay the entire amount of defaulted arrears, in a lump-sum.
Sri R.K. Verma, learned counsel states he has instructions in the matter and that the opposite party no.2 would not have any objection if the entire defaulted amount is paid up by the applicant is installments and, he further continues to pay the current maintenance allowance as and when it becomes due.
1. Subject to the applicant furnishing adequate security for Rs. 75,000/- being the entire defaulted amount (up to date) to the satisfaction of the court below in the shape of other than cash or bank guarantee by 31.05.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to deposit the monthly maintenance allowance from the period from May, 2018 onwards as and when it becomes due, in the manner provided by the court below.
3. Subject to the applicant having complied with the above, the amount of Rs. 72,500- (approximately) being arrears of maintenance allowance for the period from the date of application till date and costs Rs. 2000/- shall be deposited in five quarterly installments, such installments being payable on or before 30.06.2018, 30.09.2018, 31.12.2018, 31.03.2019 and 30.6.2019; respectively. The first four instalments would be of Rs. 15,000/- each while the fifth/last instalment would be for the balance amount.
The amount so deposited by the applicant shall be released to the opposite parties no. 2 forthwith.
Any amount that may have been deposited by the applicant in the meanwhile, would be adjusted against the last installment/s.
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 may also be made from the security, if any, offered by the applicant in compliance of this order.
Disposed of.
Order Date :- 24.4.2018 Mini