Allahabad High Court
Arpit Awasthi vs State Of U.P. And Another on 9 December, 2022
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- CRIMINAL REVISION No. - 4812 of 2022
Revisionist :- Arpit Awasthi
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Vivek Mishra
Counsel for Opposite Party :- G.A.,Arun Kumar Pandey
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the revisionist, Sri Arun Kumar Pandey, learned counsel for O.P. No. 2, learned A.G.A. and perused the record.
The present Crl. Revision has been filed under section 397/401 Cr.P.C. against the final judgment and order dated 30.09.2022 passed by Addl. Principal Judge, Family Court-1, District Kanpur Nagar in Case No. 282 of 2020 (Smt. Soumya Awasthi and another Vs. Arpit Awasthi) filed under section 125 Cr.P.C. and awarded maintenance of Rs 15,000 per month to respondent No. 1 (wife) and Rs. 5,000/- per month to Km. Arushi/ respondent No. 2 (daughter) from the date of filing of the application i.e. 14.2.2020 and maintenance of Rs. 35,000/- per month to wife and Rs. 15,000/- per month to her daughter respondent from the date of order i.e. 30.09.2022 till daughter become major.
Learned counsel for the revisionist submits that final order of maintenance of Rs. 35,000/- pr month to wife and Rs. 15,000/- per month to his daughter has been awarded from the date of order i.e. 30.09.2022 without considering the income of the revisionist and thus the same are illegal and is liable to be quashed by this Court.
Learned A.G.A. for the State as well as learned counsel for O.P. No. 2 have opposed the prayer and states that that the revisionist has neither paid any arrears of interim/final maintenance amount nor is paying the monthly maintenance amount, as has been ordered by the Court below.
Learned counsel for the revisionist further submits that the revisionist is ready to pay the entire arrears i.e. Rs.7,20,000/- and he also agrees that the revisionist is ready to pay monthly maintenance amount to O.P. No.2 and her daughter provided some relaxation may be granted.
However, considering the income of the revisionist, the amount of final maintenance is reduced. The revisionist is directed to pay Rs. 20,000/- per month to his wife and Rs. 20,000/- per month of her daughter from the date of order passed by court below. Now, revisionist is directed to deposit Rs. 7,20,000/- in seven monthly installments. The first installment of Rs. 1,20,000/- shall be paid on or before 9.01.2023 and the remaining installment of Rs. 1,00,000/- per month shall be paid by the revisionist on each succeeding month. Apart from the aforesaid, the revisionist shall also pay monthly maintenance as ordered by this court, starting from February, 2023.
The amount so deposited by the revisionist shall be paid over to the opposite party no.2 and her daughter after due verification.
In case, the revisionist deposits the aforesaid amount within the aforesaid period, no coercive action shall be taken against him and the Court below is directed to consider and decide the recall application filed by the revisionist in Case No. 282 of 2020 (Smt. Soumya Awasthi and another Vs. Arpit Awasthi) filed under section 125 Cr.P.C. , as expeditiously as possible in accordance with law after hearing both the parties, in the light Judgement of Hon'ble Apex Court rendered in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324 preferably within a period of one month from the date of production of a certified copy of this order before it.
However, in case, the revisionist fails to deposit the aforesaid amount within a month from today or fails to deposit monthly final maintenance amount as stated above, the protection granted by this Court shall automatically stands vacated and the Court below will be at liberty to proceed against the revisionist in accordance with law.
Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.
With the aforesaid directions, the instant revision stands disposed of.
Order Date :- 9.12.2022
RPD
