Allahabad High Court
Dhirendra Verma vs State Of U.P. And Another on 5 May, 2022
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 93
Case :- CRIMINAL REVISION No. - 1734 of 2022
Revisionist :- Dhirendra Verma
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Rupesh Srivastav
Counsel for Opposite Party :- G.A.,Shadab Ali
Hon'ble Shamim Ahmed,J.
Heard Sri Rupesh Srivastava, learned counsel for the revisionist and Sri Abhishek Shukla, learned A.G.A.-I for the State and Ms Sajiya Parveen, Advocate holding brief of Sri Shadab Ali, learned counsel for the opposite party no.2.
This revision has been filed by the revisionist against the judgment and order dated 19.02.2021 passed by the District Judge/Principal Judge Family Court Bareilly in Case No. 796 of 2017 (Smt. Aarti Vs. Dhirendra Verma) under Section 125 Cr.P.C., Police Station Izzatnagar, District Bareilly, by which Rs. 5000/- per month from the date of application has been fixed as interim maintenance to the wife-opposite party no.2.
Submission of learned counsel for the revisionist is that Rs. 5000/- per month from the date of application has been fixed as interim maintenance to the wife though the evidence in the case is yet to be adduced. Further submission is that such high amount of maintenance can be justified only after looking into the merits of the case. The provisions of interim maintenance is basically meant to avoid the prospect of destitution and vagrancy of ignored wife or children and the amount in that regard should not be fixed as if final amount of maintenance is being given. Learned counsel for the revisionist has tried to elaborate upon the economic circumstances of the revisionist and his other obligations and liabilities and has tried to show that fixation of such high amount is causing great hardship to the revisionist. Counsel has also sought to place his criticism against the impugned order on various other grounds touching upon the factual as well as legal aspects of the matter.
Per contra learned A.G.A. stated that the Court below passed the impugned order after considering the facts and circumstances of the case and the statements of the revisionist and opposite party no.2, in such circumstances to meed the ends of justice, the impugned order does not require any interference. There is no illegality, improperity and incorrectness in the impugned order and also there seems to be no abuse of court's process.
I have heard learned counsel for the parties and perused the record.
Counsel for the revisionist has not been able to point out any such illegality or impropriety or incorrectness in the impugned order which may persuade this Court to interfere in the same. The amount fixed for maintenance was Rs. 5000/- for the opposite party no. 2 which in the present days of high price rise cannot be said to be either excessive or disproportionate. The provisions of Section 125 of Cr.P.C are beneficial provisions which are enacted to stop the vagrancy of a destitute wife and provide some succour to them, who are entitled to get the maintenance which has been wrongly denied. The fact that the revisionist is the husband of opposite party no.2, has not been denied.
For the reasons stated above and with the consent of the parties, the instant revision is finally disposed of on the following terms and conditions.
The revisionist shall continue to pay maintenance amount of Rs. 5000/- per month from the date of application and pay the the amount of arrears calculating the amount at the rate of Rs. 5000/- per month from the date of application i.e. 17.06.2017 till May, 2022 which comes to approximately Rs. 2,95,000/- (Rs. Two Lacs Ninety Five Thousand), as per the calculation made by learned counsel for the revisionist, be paid in five instalments. The first instalment of Rs. 1,00,000/- (Rs. One lac) be paid on or before 05.06.2022, the second instalment of Rs. 50,000/- shall be paid on or before 05.07.2022, as the third instalment of Rs. 50,000/- on or before 05.08.2022, as the fourth instalment of Rs. 50,000/- on or before 05.09.2022 and as the fifth instalment of Rs. 45,000/- on or before 05.10.2022.
All the payments shall be made by way of Bank Draft in favour of revisionist's wife Smt Aarti and onwards from the month of June, 2022 the revisionist shall pay Rs. 5000/- per month to the wife as interim maintenance without fail on or before the 10th day of every month.
It is clarified that in case the revisionist fails to comply with the aforesaid condition, as mentioned above, interim relief regarding instalment granted by this Court shall automatically cancelled and the court below is at liberty to proceed regarding recovery of the entire amount due in accordance with law.
Order Date :- 05.05.2022
Arvind
