Mustafa @ Sanu vs State Of U.P. And 3 Others
2022 Latest Caselaw 1219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 4594 of 2022
 

 
Applicant :- Mustafa @ Sanu
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mohd. Aslam,J.

Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.

The instant application under Section 482 Cr.P.C. has been filed on behalf of applicant for quashing the impugned judgment and order dated 3.12.2021 passed by learned Principal Judge, Family Court, Ghaziabad in Case No.281 of 2021 (Smt. Rizwana and others Vs. Mustafa alias Sonu), under Section 125 Cr.P.C., Police Station Teela More, District Ghaziabad.

It is submitted by learned counsel for applicant that the applicant gets very meager amount of salary. It is further submitted that total salary is about Rs.13,000/- per month. It is further submitted that he has also the responsibility of his mother, therefore, the amount awarded as interim maintenance should be reduced. It is further submitted that learned lower court has wrongly granted the interim maintenance from the date of filing of the application for interim maintenance. It is further submitted that learned lower court has excessively awarded Rs.3000/- per month to the wife of applicant and Rs.1500/- per month to the children (opposite party nos.3 & 4) each.

Learned A.G.A. has opposed the application and has submitted that learned lower court has stated that from perusal of the application under Section 125 Cr.P.C., it is quite clear that the applicant is working in MCD department and getting salary of Rs.35,000/- per month and apart from that he earns Rs.15000/- from part time duty. It is further submitted that he has four storied house out of which three stories are given on rent and from that he earns Rs.45000/- per month as rent, while opposite party no.2 has filed salary slip of Rs.17,362/-, which shows that he is getting salary of Rs.17,362/-. He has also mentioned that applicant has taken away jewellery including cash valuing Rs.3,90,000/-.

In above circumstances, if we divide the family of the applicant in unit, it will be about 8 unit. Meaning thereby two units of applicant, two units of mother of applicant, two unit of opposite party no.2 (wife of applicant) and two units of her two minor children and if we divide the income of applicant by the unit, it will almost become more than six thousand.

Considering the facts and circumstances of the case, I find that learned lower court has taken into consideration the income of the applicant ans has rightly awarded the interim maintenance to the opposite party from the date of application as Rs.6000/- per month, which is just and proper and need no interference in the impugned judgment and order.

The instant application is devoid of merit and is, accordingly, dismissed.

Order Date :- 12.4.2022

Anil K. Sharma