This High Court dismissed a Section 482 Cr.P.C. application challenging an interim maintenance order under Section 125 Cr.P.C. The court held that the awarded amounts were within the statutory limits and did not infringe fundamental rights.
The application to quash the interim maintenance order is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 14
Case :- APPLICATION U/S 482 No. - 3689 of 2018
Applicant :- Santosh Singh Dobal Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Dushyant Kumar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 10.01.2018 passed by Principal Judge Family Court Gautam Budh Nagar in Criminal MIsc. Case No. 213 of 2017 (Smt. Rama Dobal @ Bandana and another Vs. Santosh Singh Dobal) under Section 125 Cr.P.C. whereby interim maintenance of Rs. 6000/- per month and 4000/- per month were granted to Opposite Party No. 1 Smt. Rama Dobal @ Bandana and Opposite Party No. 2 Tanush Dobal respectively.
Learned counsel for applicant contended that applicant is police constable. Maintenance awarded to opposite parties is excessive. As per law laid down by Hon'ble Apex Court in Civil Appeal No. 5369/2017 ( Kalyan Dev Chowdhury Vs. Rita Dey Chowdhury Nee Nandy) only 25% of net salary could be awarded as maintenance to opposite party.
Learned A.G.A. contended that there is no illegality or infirmity in the impugned order passed by trial court.
From the perusal of impugned order, it reveals that salary of applicant is Rs. 39625/- per month. In aforesaid case Hon'ble Apex Court held that 25% of the husband's net salary would be just and proper to be awarded as maintenance to the respondent-wife. In this case only maintenance of Rs. 6000/- per month is awarded to the wife, which is below 25% of the net salary of applicant and 4000/- per month is awarded to Tanush Dobal son of applicant.
In view of above, there is no illegality or infirmity in the impugned order passed by trial court.
Accordingly, application under Section 482 Cr.P.C. is dismissed.
Order Date :- 13.3.2018 Sharad/-
1 issue framed by the court
Whether the interim maintenance awarded under Section 125 Cr.P.C. is illegal or liable to be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Rita Dey Chowdhury Nee Nandy and Anr. v. Union of India & Ors.Referred¶6
Civil Appeal No. 5369/2017 ( Kalyan Dev Chowdhury Vs. Rita Dey Chowdhury Nee Nandy)
2 provisions across 1 enactments
Santosh Singh Dobal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
