Kapil Dev vs State Of U.P. And Another
2023 Latest Caselaw 7394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 66
 
Case :- APPLICATION U/S 482 No. - 5633 of 2023
 
Applicant :- Kapil Dev
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant as well as learned AGA for the State- opposite party no. 1 and perused the record.

The present application has been filed with the prayer to set aside the impugned order dated 12.01.2023 passed by the Principal Judge, Family Court, Auraiya in Case No. 543 of 2021, Smt. Puspa Devi v. Kapil Dev, under Section 125 Cr.P.C., whereby interim maintenance of Rs.6000/- has been awarded in favour of the opposite party no. 2.

Learned counsel for the applicant submits that the interim maintenance awarded by the court below is excessive. The opposite party no.2 is an earning lady, as such, she is not entitled to get maintenance.

From the perusal of the record it is not in dispute that the applicant is an Assistant Teacher in a Primary School. If the earning capacity of the applicant is taken into consideration, the amount fixed by the court below as an interim maintenance cannot be said to be exorbitant or excessive. Further, merely because the opposite party no. 2 is an earning lady, it cannot operate as a bar from being awarded maintenance by the husband.

Reference may also be made to the decision of the Apex Court in the case of Rajnesh v. Neha, reported in (2021) 2 SCC 324. Noticing the law of maintenance as discussed by the Apex Court in the aforesaid judgment, this Court does not find any good ground to interfere in the impugned order. The impugned order is just and proper and does not suffer from any illegality, infirmity or jurisdictional error.

The present application being devoid of merit is accordingly dismissed.

Order Date :- 14.3.2023

SKT/-