Court No. - 49
Case :- APPLICATION U/S 482 No. - 7018 of 2018 Applicant :- Wakeel Ahmad Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
Present application has been filed against the order dated 15.09.2017, by which the applicant's application under Section 126(2) Cr.P.C. with reference to the exparte order dated 22.03.2005 awarding monthly maintenance allowance @ Rs. 400/- per month to the opposite party no.2 and Rs. 400/- per month to the daughter of opposite party no.2, from the date of application being 28.02.2004. The matter had been directed to proceed exparte and consequently the order dated 22.03.2005 was passed against the applicant. It is an admitted case that the applicant neither complied with the aforesaid order nor did he promptly file application under Section 126 (2) Cr.P.C.
After much delay, an application under Section 126 (2) Cr.P.C. was filed against the award dated 22.03.2005, which has been rejected by the court below by an order dated 15.09.2017.
Having perused the order dated 15.09.2017, it is seen that there is no good ground made out by the applicant to recall the exparte order dated 22.03.2005 that too after much delay the application for recall being filed after 11 years from the date of exparte order.
Further, the court cannot turn a blind eye to the meagre amount of Rs. 800/- per month awarded by the court below towards maintenance allowance. It is difficult to accept that such amount even if it had been paid, would have been sufficient to provide for the minimum requirements to preserve human life and dignity that is necessary to be preserved in all circumstances.
Accordingly the order dated 15.09.2017 does not warrant any interference.
The total default has been committed by the applicant would be for 168 months from the date of application till February, 2018.
The total amount about Rs. 1,34,400/- would be outstanding against the applicant. Considering the facts that the applicant has caused more than inordinate and unreasonable delay in discharging his liability, this case does not warrant any interference.
However, by way of last opportunity, if the applicant deposits the entire defaulted amount of Rs. 1,34,400/- on or before 31.03.2018 and continue to pay the monthly maintenance allowance as ordered by the court below as and when it becomes due, no coercive measure may be adopted against the applicant till 31.03.2018 in the first place. Failing in compliance made by the applicant, in this regard proceeding under Section 128 Cr.P.C. may be drown up against the applicant immediately thereafter and be concluded expeditiously.
The application is dismissed with the aforesaid observation.
Let a copy of this order be communicated to the Principal Judge, Family Court, Jaunpur for necessary compliance.
Order Date :- 28.2.2018 Lbm/-