Partly allowed

Aakash v. State of U.P. and Another

Allahabad HC21 May 2018CRLR/1668/2018

Case brief

AI extract

What is this about?

The High Court reduced the interim maintenance allowance awarded to the wife from Rs. 3,000 to Rs. 2,000 per month in a Section 125 Cr.P.C. case, considering the applicant's low earnings as a manual labourer while ordering compliance and expeditious trial.

What did the court decide?

Formerly fixed interim maintenance of Rs. 3,000 per month reduced to Rs. 2,000 per month; applicant directed to pay arrears for May 2018 immediately.

Aakash Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2018)

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Court No. - 49

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Case :- CRIMINAL REVISION No. - 1668 of 2018

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Revisionist :- Aakash Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Arbind Kumar Soni Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Ashutosh Pandey holding brief of Sri Arbind Kumar Soni, learned counsel for the applicant and learned A.G.A. for the State.

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The present application has been filed against the order dated 4.5.2018 passed by learned Principal Judge Family Court, Jhansi in Case No. 588 of 2017, under Section 125 Cr.P.C., Police Station Sadar Bazar, District Jhansi, by which the interim maintenance allowance @ Rs. 3000/- per month has been awarded to the opposite party no.2 from the date of that order.

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Learned counsel for the applicant submits that the award of interim maintenance allowance @ Rs. 3000/- per month is excessive and arbitrary, keeping in mind the fact that the applicant has very low earning as a manual labourer.

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Admittedly, evidence is yet to be led in the proceeding as to the earning capacity of the applicant.

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It has further been submitted that if the amount of interim maintenance were to be reduced @ Rs. 2000/- per month, the applicant would be able to comply with such order.

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Considering the above, no useful purpose would be served in keeping the revision pending in view of the order proposed to be passed, keeping in mind the interest of opposite party no.2.

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Leaving it open to the opposite party no.2 to apply for recall of this order, if advised, the instant revision is disposed of with the following directions:-

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(i). The award of monthly interim maintenance allowance is modified to Rs. 2,000/- per month in place of Rs. 3,000/- per month, in favour of opposite party no.2, from the date of the impugned order.

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(ii) The applicant shall continue to pay towards monthly maintenance allowance @ Rs. 2,000/- per month to the opposite party no. 2, from the date of the impugned order i.e. 4.5.2018 or before the 10th day of each calender month, from June 2018, onwards.

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(iii) The applicant shall pay an amount of Rs. 2000/- towards monthly maintenance allowance for the month of May on or before 31.05.2018.

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All the amounts may be either paid to the opposite party no.2 directly or be deposited by the applicant with the Court below within time indicated above. In the latter case the amount/s shall be released to the opposite

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party no. 2, forthwith.

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However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court.

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Subject to applicant continuing to comply with the impugned order, the proceeding under Section 125 Cr.P.C. itself may be concluded as expeditiously as possible, preferably within a period of six months from the date of the production of a certified copy of this order, without allowing any undue or long adjournment.

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It is further clarified that while deciding the matter of award of final maintenance allowance, the learned Court below shall pass that order and provide for such maintenance as may be justified in the facts , circumstances and evidence of the case (i.e. yet to be led), without being influenced in any manner and to any extent by any observation made in this order.

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Order Date :- 21.5.2018 Mini

Aakash v. State of U.P. and Another

Case brief

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Aakash v. State of U.P. and Another

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