Court No. - 49
Case :- APPLICATION U/S 482 No. - 13936 of 2018 Applicant :- Vivek Bansal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kumar Dhananjay 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 11.4.2018 passed by the learned Principal Judge, Family Court, Ghaziabad, by which interim maintenance allowance @ Rs. 10,000/- per month has been awarded to opposite party no.2.
Learned counsel for the applicant submits that admittedly the applicant is a clerk with a private bank and earning monthly salary of Rs. 18,000/- per month. It is further submitted that the opposite party no.2 is admittedly residing in the ancestral house of the applicant at Ghaziabad while the applicant is living in a tenanted accommodation at Delhi owing to his posting at a branch of the bank at Delhi. In addition, it is submitted that the application for interim maintenance allowance was allowed on the same day of it being filed without allowing opportunity to the applicant to oppose the same.
Perusal of the true copy of the application does reveals that the same was filed on 11.4.2018 and the order thereon has been passed on the same day.
Having heard learned counsel for the applicant and having perused the order passed by the learned Court below, it appears no useful purpose would be served by issuing notice to opposite party no. 2, at this stage, in view of the order proposed to be passed.
Leaving it open to the opposite party to apply for recall of this order, if advised, the instant revision is disposed of with the following directions:-
1. The applicant shall continue to pay interim monthly maintenance allowance @ Rs. 4000/- per month in place of Rs. 10,000/- per month from the period May, 2018 onwards as and when it becomes due, in the manner provided by the court below under the impugned award.
2. The applicant shall further pay Rs. 4,000/- towards interim maintenance allowance for the period April, 2018 on or before 15.5.2018, in the manner provided by the court below under the impugned award.
All the amounts if deposited by the applicant in the Court below 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 and recoveries be made first from the security, if any, offered by the applicant in compliance of this order.
Subject to applicant continuing to comply with the impugned order, the proceeding under Section 125 Cr.P.C. itself may be decided as expeditiously as possible, preferably within a period of six months from the date of the production of a certified copy of this order, without allowing any undue or long adjournment.
It is further clarified that while deciding the matter of award of final maintenance allowance, the leaned 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 influenced in any manner and to any extent by any observation made in this order.
Order Date :- 24.4.2018 Mini