Allahabad High Court
Naim vs State Of U.P. Thru. Prin. Secy. ... on 21 October, 2022
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- CRIMINAL REVISION No. - 1116 of 2022
Revisionist :- Naim
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And 2 Others
Counsel for Revisionist :- Uttam Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Shri Uttam Kumar Verma, the learned counsel for the revisionist and Shri Alok Saran, learned A.G.A. for the State.
This revision has been filed by the revisionist against the judgment and order dated 17.09.2022 passed by learned Additional Principal Judge, Family Court, Court No. 1, District Sitapur in Case No. 575 of 2018 (Smt. Sabeena and another Vs. Naim), under Section 125 Cr.P.C., Police Station Misrikh, District Sitapur, whereby revisionist has been directed to pay Rs. 3,000/- per month to the opposite party No. 2 and Rs. 2,000/- per month to her minor daughter for their maintenance from the date of application.
Submission of learned counsel for the revisionist is that Rs. 5000/- per month from the date of application has been fixed. 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. states 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 meet the ends of justice, the impugned order does not require any interference. There is no illegality, impropriety 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 total amount fixed for maintenance was Rs. 3,000/- for the opposite party no. 2 and Rs. 2,000/- for her minor daughter, 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 amount of arrears calculating the amount at the rate of Rs. 5000/- per month from the date of application, i.e., 02.07.2018 till October, 2022, which comes to approximately Rs. 2,00,000/- (Rs. Two Lakhs) as per the calculation made by learned counsel for the revisionist, be paid in five equal installments. The first installment of Rs. 40,000/- (Rs. Fourty Thousand) shall be paid on or before 10.12.2022, the second installment of Rs. 40,000/- shall be paid on or before 10.01.2023, the third installment of Rs. 40,000/- be paid on or before 10.02.2023, fourth installment of Rs. 40,000/- shall be paid on or before 10.03.2023 and in the fifth installment the entire remaining amount of arrears be paid on or before 10.04.2023.
All the payments shall be made by way of Bank Draft in favour of revisionist's wife, Smt. Sabeena. It is made clear that onwards from the month of November, 2022 the revisionist shall pay Rs. 3,000/- per month to his wife and Rs. 2,000/- per month to his daughter, i.e., total Rs. 5,000/- as their maintenance without fail on or before the 10th day of every month as directed by the court below.
It is clarified that in case the revisionist fails to comply with the aforesaid condition, as mentioned above, interim relief regarding installment 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 :- 21.10.2022
Mustaqeem
