Court No. - 49
Case :- CRIMINAL REVISION No. - 3668 of 2017 Revisionist :- Santosh Kumar Pandey @ Babloo Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Neeraj Srivastava,Hari Mohan Srivastava Counsel for Opposite Party :- G.A.,Suneel Kumar Mishra
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Notice given to the learned counsel for the opposite party no.2 about mention made in this mater, has been placed on record.
The present revision has been filed against the order dated 12.9.2017 passed by Principal Judge Family Court Bhadohi at Gyanpur in Maintenance Case No. 4 of 2010, under Section 125 Cr.P.C., by which the maintenance allowance @ Rs. 3000/- per month has been awarded to the opposite party no.2, from the date of the order.
Learned counsel for the applicant submits that the award of maintenance allowance @ Rs. 3000/- per month is wholly excessive and arbitrary, keeping in mind the fact that the applicant has other liabilities towards his widow grandmother and mother.
However, it is not disputed that the applicant is an able bodied person. It is further submitted that the applicant is working as a taxi cleaner at Mumbai.
Considering the fact that the applicant is an able bodied person and certain minimum amount are to be awarded under Section 125 Cr.P.C. for the purpose of sustenance of human life with dignity and to prevent vagrancy and destitution, it is difficult to interfere with the award of maintenance allowance @ Rs. 3000/- per month, especially in view of the fact that the said award has been made effective from the date of the order and not the date of the application. Consequently, the objection raised by learned counsel for the applicant to the amount of maintenance allowance awarded, is rejected.
Last, learned counsel for the applicant states that some time may be allowed to the applicant to make good the default.
Accordingly, the application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security to the tune of Rs. 30,000/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 15.6.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to pay monthly maintenance allowance @ Rs. 3000/- per month to the opposite party no. 2 from the period July, 2018 onwards on or before the tenth day of each calendar month.
3. The applicant shall deposit an amount of Rs. 30,000/- being entire amount of arrears payable to the opposite party no.2, in three installments, first Rs. 10,000/- being payable on or before 31.07.2018 and second Rs. 10,000/- being payable on or before 30.10.2018 and balance amount shall be deposited on or before 31.12.2018.
Any amount already deposited by the applicant may be adjusted towards payment/s to be made by the applicant towards the last instalments.
All the amounts may either be paid to the opposite party or be deposited by the applicant in the Court below, within time as indicated. In the latter case, it 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.
Order Date :- 30.5.2018 Mini