Allahabad High Court
Gautam Tyagi vs State Of U.P. And 2 Others on 17 March, 2023
Bench: Sadhna Rani (Thakur)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- APPLICATION U/S 482 No. - 15338 of 2022
Applicant :- Gautam Tyagi
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Anil Kumar Tyagi,Abdul Majid,Imran Mabood Khan
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicant and learned A.G.A. are present.
By moving this application under section 482 Cr.P.C., the applicant has prayed to set aside the order dated 1.2.2020 passed by learned Additional Principal Judge, Family Court, Saharanpur in Misc. Case No. 02 of 2019, Smt.Pooja Tyagi and another Vs.Gautam Tyagi, under section 125 Cr.P.C., police station Devband, District Saharanpur.
Learned counsel for the applicant submits that the applicant has a shop in his house. That shop was the only means of his livelihood which has been taken by his wife. Now he is out of shop and house both. The applicant is not having any means of income, so he is unable to pay the awarded amount to his the minor son in compliance of the court order dated 1.2.2020.
Learned A.G.A. opposed the application and submitted that the order impugned is a detailed order passed on merits after hearing both the parties. The court has not awarded any maintenance to the wife of the applicant. Only minor son of the parties has been awarded maintenance of Rs. 7000/- per month. Till date not even a single penny has been paid by the applicant to his son. Admittedly, the son of the applicant is living separately from his father since last about 6 years. The judgment dated 1.2.2020 has become final as against this order no appeal / revision has been filed by the applicant. The present application has been moved on 20.5.2022 while the judgment is dated 1.2.2020.
From perusal of the record, it is found that the impugned judgment is dated 1.2.2020 and admittedly no revision has been preferred against the same and the present application has been filed on 20.5.2022. The only ground taken is that the applicant because of ill- health is unable to earn his own livelihood, so he is not in condition to pay any amount to his son. Admittedly, as per the statement of the applicant in the trial court as mentioned on page 8 of the impugned judgment, the minor son is living with his mother since last 6 years and during this period not even a single penny has been paid by the applicant to his son.
It is admitted fact that now minor son of the parties is about 8 years old, so certainly the minor son needs expenses for his fooding, lodging, education, illness etc. Since last more than 6 years, the applicant has not paid any amount and is not looking after his own minor son merely on the ground that he is mentally ill. In his cross examination in the trial court, as per page 9 of the judgment, the applicant has admitted that he is healthy by his limbs. He is also mentally fit. Though he has stated that he is ill. But from what disease he was suffering from has not been disclosed by him nor any certificate regarding his mental or otherwise ill-health has been placed before the court. The mere version that the applicant is feeling not well, so is unable to look-after his son or pay maintenance to his son does not inspire confidence to the court.
The application under section 482 Cr.P.C. having no merit is liable to be dismissed and is hereby dismissed.
Order Date :- 17.3.2023/Gss
