Allahabad High Court
Kanchan Deep @ Monu vs State Of Up And 2 Others on 3 June, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:100930
Court No. - 82
Case :- CRIMINAL REVISION No. - 675 of 2024
Revisionist :- Kanchan Deep @ Monu
Opposite Party :- State Of Up And 2 Others
Counsel for Revisionist :- Amit Rai
Counsel for Opposite Party :- G.A.
Hon'ble Kshitij Shailendra,J.
1. Heard Shri Amit Rai, learned counsel for the applicant in revision and learned A.G.A. for opposite party No.1.
2. The instant revision under Section 397/401 Cr.P.C. has been filed challenging the order dated 13.12.2023 passed by the learned Principal Judge, Family Court, Moradabad in Maintenance Case No.418 of 2021 (Smt. Nitika @ Sarika and another vs. Kanchan Deep @ Monu), under Section 125 Cr.P.C., Police Station Majhola, District- Moradabad whereby the learned Principal Judge, has partly allowed the application filed by the opposite party No.2 under Section 125 Cr.P.C. by awarding a monthly sum of Rs.6000/- to be paid to her w.e.f. the date of moving of application i.e. 02.07.2021 and a sum of Rs.3000/- to son of the applicant from the same date.
3. Learned counsel for the applicant submits that applicant is a practicing Advocate and is registered with the Bar Council of Uttar Pradesh in the year 2023 only. He also submits that in the facts of the case, even if, the Principal Judge, Family Court was to award maintenance, it should have been done from the date of passing of the order and not from the date when the application was filed. The impugned award has been termed to be excessive and it is urged that the documents filed before the court below have not been carefully perused. He further submits that opposite party No.2 is residing separately without any cogent reason and in view of Section 125(4) Cr.P.C., she is not entitled to claim any maintenance.
4. Per contra, learned A.G.A. submits that applicant has not produced any document to demonstrate that he ever made any payment to the opposite party No.2 and law with regard to the date, from which the maintenance amount has to be paid, has been settled by the Apex Court in a catena of decisions including the celebrated judgment in Rajnesh vs. Neha and another, (2021) 2 S.C.C. 324.
5. Having heard learned counsel for the parties, the Court finds that marriage between the parties was solemnized in the year 2018 and learned counsel admits that prior to joining the Advocates' profession, he was doing some private job. The court has examined the findings recorded by the Principal Judge, Family Court, Moradabad which include consideration of the documentary evidence and also oral testimony of witnesses.
6. Considering the entire material placed before this Court, I find that the Principal Judge, Family Court has examined the material produced before it in the form of documentary and oral evidence. The judgments referred to in the order impugned lay down the principle regarding the date, from which, the maintenance has to be awarded. The marriage between the parties as well as birth of child having been admitted on record, considering the claim made by the opposite party No.2 and partial acceptance of the same under the order impugned, I do not find any good ground to interfere in the impugned order.
7. In the end, learned counsel for applicant submits that since, about three years have passed since when the application was moved, the amount payable by the applicants exceeds Rs.3,00,000/- as on date, and, therefore, the court may permit the applicant to deposit the aforesaid amount in installments.
8. Considering the last submission made, this Court feels it appropriate to dispose off the instant revision in the following terms:-
(a). The order impugned dated 13.12.2023 passed by the learned Principal Judge, Family Court, Moradabad in Maintenance Case No.418 of 2021 (Smt. Nitika @ Sarika and another vs. Kanchan Deep @ Monu) is not being interfered with and is hereby upheld;
(b). The applicant shall deposit a sum of Rs.1,00,000/- before the Principal Judge, Family Court, Moradabad before 15.07.2024;
(C). The amount so deposited shall be released in favour of opposite party No.2 immediately and without asking for any security;
(d). The balance amount shall be deposited by the applicant within six months in equal monthly installments payable w.e.f. first week August, 2024 till completion of six months period;
(e). The amount so deposited, shall also be released forthwith in favour of opposite party No.2;
(f). In the event of failure to comply with the conditions imposed in this order, it shall be open for the opposite party No.2 to get the order impugned executed and, in that event, all coercive measures shall be taken by the Principle Judge, Family Court, Moradabad without any relaxation;
(g). The applicant shall continue to pay the sum of Rs.9,000/- (Rs.6,000/- + Rs.3,000/-) awarded under the order impugned on month-to-month basis to opposite party No.2, in first week of every month.
9. The revision stands disposed off in the aforesaid terms.
Order Date :- 3.6.2024
Jyotsana
