Court No. - 49
Case :- APPLICATION U/S 482 No. - 19854 of 2018 Applicant :- Suresh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ram Janam Shahi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the order 11.05.2018 passed by the learned Principal Judge, Family Court, Mau in Case No. 811 of 2015 (Chanda Devi Vs. Suresh), under Section 125 Cr.P.C., Police Station- Doharighat, District- Mau, by which interim maintenance allowance @ Rs. 2,000/- per month to the opposite party no. 2 has been awarded by the learned Court below.
Learned counsel for the applicant submits that the interim maintenance allowance @ Rs. 2,000/- per month awarded to the opposite party no. 2 is excessive inasmuch as the applicant is a student and he has no income where from he would be able to provide for interim maintenance allowance to the opposite party no. 2.
Considering the fact that the applicant is an able bodied person and present proceeding arises out of an order passed for interim maintenance allowance, no useful purpose would be served in keeping the application pending any further. The instant application is disposed of with the following directions:
(i) The award of interim maintenance allowance @ Rs. 2,000/- per month to the opposite party no.2 from the date of that order is sustained.
(ii) The applicant shall pay to the opposite party no. 2 or deposit before the learned Court below a sum of Rs. 4,000/- on or before 30.06.2018 towards arrears of the interim maintenance allowance for the period May, 2018 and June, 2018.
(iii) The applicant shall continue to pay to opposite party no. 2 or deposit before the learned court below, interim maintenance allowance at the aforesaid rates from the period July, 2018 onwards on or before the tenth day of each calendar month.
Any amount already deposited by the applicant may be adjusted towards payment/s to be made by the applicant towards the last instalment/s.
Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant.
All the amounts may be either paid to the opposite party no. 2, directly or be deposited by the applicant with the Court below within time indicated above. In the latter case the amount/s shall 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.
Subject to the aforesaid compliance being made by the applicant, the proceedings under Section 125 Cr.P.C. may be concluded as expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order, without allowing any undue or long adjournment to either of the parties.
It is also provided, while deciding the matter of final maintenance allowance, the learned Court below shall pass that order and provide for such maintenance as may be justified in the facts, circumstances and evidence of the case (i.e. yet to be led), without being prejudiced in any manner and to any extent by any observation made in the impugned order or this order.
Order Date :- 31.5.2018 A. Singh