Dinesh Teotia Vs State of U.P. and 4 Others — Maintenance and Alimony | Allahabad HC (2022)

Dinesh Teotia Vs State of U.P. and 4 Others — Maintenance and Alimony | Allahabad HC (2022)

What the court decided

AI extract

Outcome

Applicant to deposit Rs. 2,40,000/- towards arrears of interim maintenance in three equal monthly instalments (first on or before 03.12.2022) and to pay monthly maintenance as awarded by the Court below from December, 2022; deposited amount to be paid to opposite party no.2 after due verification and adjusted in the final outcome; no coercive action upon compliance, with the Family Court to decide the Section 125 complaint preferably within four months in the light of Rajnesh Vs. Neha (2021 (2) SCC 324); protection to stand vacated automatically on default.

Issue for consideration

Whether the impugned order dated 17.09.2022 awarding interim maintenance of Rs. 60,000/- per month without considering the income of the applicant is illegal and liable to be quashed. +1 more

Court's answer

The instant application stands disposed of with the aforesaid directions; the prayer to quash the impugned interim maintenance order was not granted and the challenge to the quantum was not adjudicated on merits.

Ratio / Principle

Applicant directed to deposit Rs. 2,40,000/- towards arrears in three equal monthly instalments, the first on or before 03.12.2022, and to also pay the monthly maintenance as awarded by the Court below starting from December, 2022.

Key takeaways

The amount deposited by the applicant shall be paid over to opposite party no.2 after due verification.ratio¶11
If the applicant deposits the aforesaid amount within the stipulated period, no coercive action shall be taken against him, and the Court below is directed to decide Complaint Case No. 520 of 2021 expeditiously, in accordance with law, in the light of Rajnesh Vs. Neha (2021 (2) SCC 324), preferably within four months of production of a certified copy of the order.ratio¶12
On failure to deposit the aforesaid amount within a month or to pay the monthly interim maintenance, the protection granted by this Court shall automatically stand vacated and the Court below will be at liberty to proceed against the applicant in accordance with law.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Dr. Gautam Chowdhary, J.) — Application under Section 482 Cr.P.C. (No. 32286 of 2022) by Dinesh Teotia seeking quashing of the order dated 17.09.2022 of the Principal Judge, Family Court, District Gautam Budh in Complaint Case No. 520 of 2021 (Smt. Rashim others Vs. Dinesh Tetio) under Section 125 Cr.P.C., whereby he was directed to pay Rs. 30,000/- as interim maintenance from 07.04.2022 and Rs. 30,000/- per month as interim maintenance to opposite party no.5. Without adjudicating the challenge to quantum, the Court directed the applicant to deposit Rs. 2,40,000/- towards arrears in three equal monthly instalments (first on or before 03.12.2022) and to pay the monthly maintenance as awarded from December, 2022; the deposit to be paid over to opposite party no.2 after due verification and adjusted in the final outcome of the Section 125 proceedings. Subject to compliance, no coercive action was to be taken and the Family Court was directed to decide the complaint expeditiously, in accordance with law, in the light of Rajnesh Vs. Neha, 2021 (2) SCC 324, preferably within four months of production of a certified copy of the order; on default, the protection would automatically stand vacated. Application disposed of accordingly (order dated 3.11.2022).

Court No. - 87

Case :- APPLICATION U/S 482 No. - 32286 of 2022

Applicant :- Dinesh Teotia Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Abhishek Mayank Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 17.09.2022 passed by learned Principal Judge, Family Court, District Gautam Budh in Complaint Case No. 520 of 2021 (Smt. Rashim others Vs. Dinesh Tetio) under Section 125 Cr.P.C Police Station Surajpur, District Gautambudh Nagar whereby the applicant has been directed to pay Rs. 30,000/- as interim maintenance from the application i.e. 07.04.2022 and Rs. 30,000/- per month as interim maintenance to the opposite party no.5.

Learned counsel for the applicant submits that interim maintenance of Rs. 60,000/- per month has been awarded without considering the income of the applicant and therefore, the impugned order is illegal and is liable to be quashed by this Court.

Learned A.G.A. for the State has opposed the prayer and states that that the applicant has neither paid any arrears of interim maintenance amount nor is paying the monthly maintenance amount, as has been ordered by the Court below.

Learned counsel for the applicant further submits that the applicant is ready to pay Rs.2,40,000/- towards the due/arrears of amount and he also agrees that the applicant is ready to pay monthly maintenance amount to opposite party as awarded, provided some relaxation may be granted.

Considering the same, applicant is directed to deposit Rs. 2,40,000/- in three equal monthly instalments. The first instalment shall be paid on or before 03.12.2022 the remaining three instalments shall be paid by the applicant on or before 03.01.2023, 03.01.2024 respectively. Apart from the aforesaid, the applicant shall also pay monthly maintenance as awarded by the Court below, starting from December, 2022.

The amount so deposited by the applicant shall be paid over to the opposite party no.2 after due verification.

In case, the applicant deposited the aforesaid amount within the aforesaid period, no coercive action shall be taken against him and the Court below is directed to consider and decide the Complaint Case No. 520 of 2021 (Smt. Rashim others Vs. Dinesh Tetio) under Section 125 Cr.P.C Police Station Surajpur, District Gautambudh Nagar as expeditiously as possible, in accordance with law after hearing the parties, in the light Judgement of Hon'ble Apex Court rendered in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324 preferably within a period of four months from the date of production of a certified copy of this order before it.

However, in case, the applicant fails to deposit the aforesaid amount within a month from today or fails to deposit monthly interim maintenance amount as stated above, the protection granted by this Court shall automatically stands vacated and the Court below will be at liberty to proceed against the applicant in accordance with law.

It is made clear that the amount deposited by the applicant shall be adjusted in the final outcome of the application under Section 125 Cr.P.C.

Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.

With the aforesaid directions, the instant application stands disposed.

Order Date :- 3.11.2022 S.Ali

Digitally signed by SHAUKAT ALI Date: 2022.11.14 10:39:10 IST Reason: Location: High Court of Judicature at Allahabad