Court No. - 64
Case :- APPLICATION U/S 482 No. - 21637 of 2019 Applicant :- Vikash Mittal And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sujata Choudhary,Mohit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the impugned order dated 19.11.2018 passed by Sessions Judge, Meerut in Criminal Appeal No.169 of 2018 as well as order dated 23.10.2018 passed by ACJM court no.2, Meerut in Case No.3003 of 2014, under Section 12 Domestic Violence Act, Police Station Pallavpuram, District Meerut.
Grievance is that against the order of maintenance passed by the court of first instance- Additional Chief Judicial Magistrate II, Meerut dated 23.10.2018,- the application under Section 12 of Domestic Violence Act moved by opposite party no.2 was allowed and monthly maintenance allowance Rs. 10,000/- was awarded. The applicants preferred a Criminal Appeal before the court of Sessions Judge as Criminal Appeal No.169 of 2018, however on 19.11.2018, when the appeal was taken up, order was passed by the Lower Appellate Court for deposition of 50% of the amount granted as lump sum maintenace and the applicant no.1 was required to pay the monthly amount of maintenance granted by the court of first instance. The applicant no.1 is primarily aggrieved by the aforesaid order. However, it has been claimed that in this case, maintenance amount under Section 125 Cr.P.C. is also being given to opposite party no.2 and applicant no.1 being the husband is not in a position to pay the monthly maintenance amount to opposite party no.2 who allegedly, is working as a teacher in some institution.
Also heard the learned AGA.
At present the power exercised by the lower court by its order dated 19.11.2018 cannot be said to be without jurisdiction or is in excess of the jurisdiction vested in it. The lump sum amount has already been slashed by 50%, however, how can O.P. No.2 be denied of her legitimate right of monthly maintenance. Therefore, no interference is required at this stage.
Appeal is pending. The same shall be disposed off on its merit. However, if any amount is to be adjusted, then proper application can be moved by the applicants before the proper forum, and in case, any such application is so moved, then same shall be considered and disposed off by passing appropriate order in accordance with law. No good ground is made out for interference in the order impugned dated 19.11.2018.
Accordingly, this application is finally disposed off.
However, the observation so made shall not touch the merit of the case.
Order Date :- 30.5.2019 Raj