The court partly allowed an application under Section 482 Cr.P.C. to modify an interim maintenance order. It reduced the total maintenance from Rs.12,000/- to Rs.10,000/- and directed the deposit of the full amount including arrears.
Reduction of interim maintenance to Rs.10,000/- total; direction to deposit the awarded amount including all arrears.
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. - 42
Case :- APPLICATION U/S 482 No. - 38001 of 2018
Applicant :- Chetan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anupama Parashar,Satendra Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri S.K. Tripathi, Advocate has filed memo of appearance on behalf of opposite party no.2 which is taken on record.
However, the other two respondents ought to have been added as opposite party nos.3 and 4 against whom interim maintenance amount has been awarded by the Principal Judge, Family Court, Kannauj, They are permitted to be impleaded as opposite party nos.3 and 4 by the learned counsel for the applicants during course of the day.
Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant has sought for quashment of the order dated 18.08.2018 passed by the Principal Judge, Family Court, Kannauj, in Case No.513/12 of 2015 Anupam Vs. Chetan, under Section 125 Cr.P.C., Police Station Saurikh, District Kannauj, pending in the court of the Principal Judge, Family Court, Kannau whereby opposite party nos.2 to 4 have been awarded Rs.5000/- each as interim maintenance.
Contention is that the applicant is a manual labourer and hardly earns that amount and he can hardly meet expenses of the litigation and he is not in a position to pay huge amount of the maintenance which he has claimed to be reduced.
It has been further added that in this case, the amount of interim maintenance to the tune of
Rs.15,000/- should be reduced to less than half of the amount which was opposed by learned counsel for opposite party nos.2 to 4 by submitting that at least Rs.12,000/- should be given as interim maintenance amount to opposite party nos.2 to 4.
After considering the entirety of the case, status of the parties involved in the litigation, it would be in the fitness of things that opposite party no.2 Smt. Anupam be given Rs.4000/- and her two children be given Rs.3000/- each which maintenance shall aggregate to Rs.10,000/- in all, which shall be paid to them as per direction of the trial court as contained in the order impugned in the instant application. The applicant is directed to appear before the court concerned and deposit the interim maintenance amount with all arrears and dues accrued up to date.
In view of above, the instant application is allowed partly in the aforesaid terms and the impugned order dated 18.08.2018 stands modified up to the extent as above.
In case the amount so directed is not deposited in time, this order will be of no avail to the applicant. The court below shall be free to proceed against the applicant in accordance with law.
Order Date :- 26.10.2018 rkg
2 issues framed by the court
Whether the interim maintenance awarded under Section 125 Cr.P.C. can be reduced considering the applicant's financial status.
How to modify the existing order regarding maintenance amounts for the wife and children.
1 provisions across 1 enactments
Chetan
State Of U.P.
Anupam
Arvind Kumar Mishra-I,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
