Dismissed

Dilip Kumar v. State of U.P. and Another

Allahabad HC28 May 2018CRLR/1790/2018

Case brief

AI extract

What is this about?

Revising a Family Court order awarding Rs. 5,000/month interim maintenance, the Court held this amount excessive. It reduced the rate to Rs. 2,500/month, fixed specific arrears payment, and directed swift conclusion of the proceeding.

What did the court decide?

Interim maintenance modified to Rs. 2,500/month; Rs. 6,000 arrears for May-June 2018 to be paid or deposited by 30.06.2018; future payments at Rs. 3,000/month thereafter.

Dilip Kumar 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. - 1790 of 2018

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Revisionist :- Dilip Kumar Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The present criminal revision has been filed against the order dated 10.05.2018 passed by the learned Princiapal Judge, Family Court, Siddharth Nagar in Criminal Misc. Case No. 326 of 2016 (Neelam Vs. Dilip), Police Station- Khesaraha, DistrictSiddharth Nagar, by which interim maintenance allowance @ Rs. 5,000/- per month to the opposite party no. 2 has been awarded by the learned court below.

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Learned counsel for the applicant submits that interim maintenance allowance @ Rs. 5,000/- per month is excessive and arbitrary inasmuch as the applicant is engaged in private employment and does not have any regular income from where, he may be able to provide for such maintenance allowance. It is also submitted that the applicant's son is studying in boarding school and also his father is suffering from cancer.

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Considering the above, no useful purpose would be served in keeping the revision pending or issuing notice to the opposite party no. 2, 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 apply for recall of this order, the present revision is disposed of with the following directions:

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The award of interim maintenance allowance is modified to Rs. 2,500/- per month to the opposite party no. 2 in place of Rs. 5,000/- per month from the date of the order.

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The applicant shall continue to pay monthly maintenance allowance @ Rs. 3,000/- per month to the opposite party no. 2 from the date of the order, such that the amount of Rs. 6,000/towards arrears of interim maintenance allowance for the period May, 2018 and June, 2018 shall be paid by the applicant to opposite party no. 2 on or before 30.06.2018 or be deposited before the learned court below within that time.

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The applicant shall continue to pay to opposite party no. 2 or deposit before the learned court below, interim maintenance allowance from the period July, 2018 onwards at the aforesaid rates i.e. 3,000/- per month on or before the tenth day of each calendar month.

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Subject to aforesaid compliance being made, no coercive measure shall be taken against the applicant.

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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 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 shall make fair estimation as to the applicant's income on the basis of material and evidence existing on record and pass the 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 :- 28.5.2018 A. Singh

Dilip Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dilip Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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