Court No. - 86
Case :- APPLICATION U/S 482 No. - 2768 of 2021 Applicant :- Smt Smita Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moti Lal Chauhan Counsel for Opposite Party :- A.G.A.,Dhirendra Kumar Srivastava
Hon'ble Umesh Kumar,J.
Counter affidavit filed by learned counsel for the opposite party no.2 is taken on record.
Heard Sri Moti Lal Chauhan, learned counsel for the applicant, Sri Dhirendra Kumar Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material placed on record.
The present application under Section 482 Cr.P.C. has been moved by the applicant with the prayer to direct the court of Additional Chief Judicial Magistrate-10, Allahabad to take appropriate/coercive action against opposite party no.2 and provide the amount of interim maintenance to the applicant in Complaint Case No.1351 of 2018 (Smt. Smita Patel Versus Raj Kumar Singh and others) under Section 23 of Domestic Violence Act, 2005.
It is contended by learned counsel for the applicant that the marriage of the applicant was solemnized with opposite party no.2 on 10.03.2018 according to Hindu rites and rituals. Subsequently violence has been done by opposite party no.2 Raj Kumar Singh in collusion with his brother, Raj Karan alias Guddu. Being aggrieved aforesaid complaint was filed by the applicant against opposite party no.2 and others. In the aforesaid proceeding, the court has passed order of interim maintenance to the tune of Rs.10,000/- per month in favour of the applicant vide order dated 30.08.2018 and also not to disturb in her peaceful living at her matrimonial house. It is further contended that not a single penny of interim maintenance has been given by opposite party no.2 till date, hence present application was preferred by the applicant.
This Court, vide order dated 14.07.2021, passed in the instant application has directed Additional Chief Judicial Magistrate, Court No.10, Allahabad to ensure the amount payable in terms of order dated 30.08.2018 be recovered from opposite party no.2 within one month from that day. All the coercive measures available in law were also directed to be adopted by the court below under the order dated 30.08.2018.
Learned counsel for the opposite party no.2 has argued that the order dated 30.08.2018 granting interim maintenance to the tune of Rs.10,000/- per month in favour of applicant-Smt Smita Patel was an ex parte order and thereagainst an appeal was filed which was partly allowed by learned appellate court vide order dated 05.08.2021 and both the parties were directed to appear before lower court on the date fixed and lower court record was to be returned as per rule immediately whereas no order as to the interim maintenance allowance was passed by the appellate court. The matter is pending for disposal before the lower court concerned. The counsel for the opposite party no.2 has prayed that the lower court concerned may be directed to dispose of the proceeding of aforesaid complaint case as expeditiously as possible.
In view of aforesaid, the order dated 30.08.2018 passed by Additional Chief Judicial Magistrate-10, Allahabad awarding interim maintenance to the applicant to the tune of Rs.10,000/- per month is hereby confirmed which shall be adjustible to the final outcome of the case. The opposite party no.2 is directed to deposit entire dues of interim maintenance till date in accordance with order dated 30.08.2018 in four equal installments starting from 1st September, 2021. He is also directed to continuously pay interim maintenance allowance to the applicant on or before 10th day of each month.
With the aforesaid observations/directions, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 16.8.2021 MN/-