Pawan vs State Of U.P. And 3 Others
2023 Latest Caselaw 7216 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 38059 of 2022
 

 
Applicant :- Pawan
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Pawan Singh Pundir
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

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

By means of this application under section 482 Cr.P.C., learned counsel for the applicant prays to quash the impugned orders dated 7.7.2022 and 31.10.2022 passed by Additional Principal Judge, Family Court, Shamli. Vide order dated 7.7.2022, the application under section 125 Cr.P.C. of the opp. party no. 2 was allowed awarding Rs. 6000/- per month maintenance for the opp party no. 2, Rs. 2000/- each for two minor daughters of the parties, thus, the total maintenance of Rs. 10,000/- was awarded to the opp. parties. By order dated 31.10.2022, the application of the applicant under section 126(2) was rejected on the ground that the applicant remained absent from 28.1.2020 from the court. Order of interim maintenance was also made by the trial court to the tune of Rs. 3000/- per month to the opp. party no. 2 and her two minor daughters. Admittedly, the opp. party no. 2 along with her two minor daughters is living separately from the applicant since 16.2.2019 and since then not even a single penny has been paid by the applicant to them. The ground taken is that due to pandemic of Covid-19, the applicant could not appear in trial court, hence, the prayer is made accordingly.

Learned A.G.A. opposed the prayer.

From the perusal of the file, it is clear that since 2019 till date the applicant has not paid even a single penny to his wife and two minor daughters, despite the orders of the court. According to the learned counsel for the applicant, the applicant is a labourer. Nowadays, he is working in a factory, earning Rs. 8000/- per month, so he is unable to pay this much amount awarded by the trial court to the opp. parties. The applicant made himself absent from the trial court from 28.1.2020 on the ground of pandemic covid-19, but till that time, our country was not effected by corona virus. Even after ex -parte judgment, the applicant moved an application under section 126(2) Cr.P.C. dated 6.9.2022 which was rejected vide order dated 31.10.2022. As the ground of absent of the applicant is not satisfactory, otherwise, also he has neither paid even a single penny to his wife and two minor daughters since last four years nor made any legal effort to bring back his wife and children, which shows the malafidies on his part. The present application being devoid of merits is liable to be dismissed.

The application u/s 482 Cr.P.C. is hereby dismissed.

Order Date :- 13.3.2023

Gss