Allahabad High Court
Govind Dwivedi vs State Of U.P And Another on 24 January, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 71
Case :- APPLICATION U/S 482 No. - 17757 of 2022
Applicant :- Govind Dwivedi
Opposite Party :- State Of U.P And Another
Counsel for Applicant :- Girish Singh
Counsel for Opposite Party :- G.A.,Anju Srivastava,Avinash Kumar Verma
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicant, learned counsel for the opp. party no.2 are present.
By means of this application under section 482 Cr.P.C.,the applicant seeks to invoke the inherent jurisdiction of this court to quash the order dated 13.5.2022 passed by Principal Judge, Family Court, Kanpur Nagar, in case no. 16 of 2021, Smt. Shefali Vs. Govind Dwivedi under section 125 Cr.P.C.
The admitted position of the case is that on 19.10.2019 an application under section 125 Cr.P.C. was moved by the opp. party no. 2 which was allowed ex parte on 12.11.2020 with the order for payment of Rs. 25000/- per month as maintenance from the date of application under section 125 Cr.P.C. Against the ex parte judgment dated 12.11.2020, the applicant filed a revision before this court wherein the interim maintenance of Rs. 15,000/- per month was awarded to the opp. party no. 2 and at last this revision was finally disposed remanding the case back to trial court to decide the case afresh within three months. In compliance of this order, the Family Court, Kanpur Nagar decided the application of the opp. party no. 2 under section 125 Cr.P.C. on 21.12.2021 and awarded maintenance to the opp. party no. 2 to the tune of Rs. 15,000/- per month from the date of the application i.e. 19.10.2019.
It is admitted position that now the whole payment of the maintenance / arrears of maintenance is to be paid by the applicant to the opp. party no. 2 in compliance of the judgment of family court, Kanpur Nagar dated 21.12.2021.
From the perusal of the record, it appears that soon after passing the ex parte judgment dated 12.11.2020, the opp. party no. 2 moved an application dated 18.12.2020 for payment of Rs. 3 lacs for arrears of maintenance for 12 months, from 19.10.2019 to 19.11.2020. After this application, the applicant moved an application paper no. 14 Ga on 11.3.2022 whereby all the facts mentioned above were mentioned in the application. The prayer was made to reject this application dated 18.12.2020 of the opp. party no. 2 which was registered as misc. application no. 16 of 2021. By the impugned order dated 13.5.2022, the Principal Judge, Family Court, Kanpur Nagar rejected the application no. 14 Ga of the applicant and fixed further date 13.6.2022 for disposal, the court also ordered to file any interim order or stay order, of this court, if there was any. The applicant has appeared before this court for quashing of this order dated 13.5.2022. It is submitted by the learned counsel for the applicant that now the final position is that from 19.10.2019 i.e. the date of application under section 125 Cr.P.C. of the opp. party no. 2, the applicant has to pay Rs. 15,000/- per month to the opp. party no. 2 and whatever he has paid up to now is to be adjusted towards due amount / arrears. Admittedly, the present applicant has not made complete payment to the opp. party no. 2, hence, he was ordered to make the complete payment.
From the above discussions, the court comes to the conclusion that now the applicant has to pay to the opp. party no. 2 Rs. 15,000/- per month from 19.10.2019 till further orders of the court and whatever amount the applicant has paid earlier to the opp. party no. 2 is to be adjusted towards arrears.
As the applicant shows his willing to pay the arrears in installments, so with his counsel's consent the applicant is directed to pay the amount of arrears within six months in three equal installments at two months interval each along with the regular payment of Rs. 15,000/- per month. The first installment will fall due on 15.2.2023.
The application u/s 482 Cr.P.C. is disposed of accordingly.
Order Date :- 24.1.2023
Gss
