Dismissed

Chandan Singh v. State of U.P. and Another

Allahabad HC6 Jan 2023A482/23751/2022

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. challenging a maintenance order. The Court held that the cost of Rs. 1 lakh imposed by the lower court for allowing a recall application was not excessive given the applicant's non-maintenance of the wife.

What did the court decide?

Revision application dismissed; cost order of Rs. 1,00,000/- upheld.

Chandan Singh Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 23751 of 2022

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Applicant :- Chandan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Dileep Singh Yadav, the learned counsel for applicant and the learned A.G.A. for State.

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This application under section 482 Cr.P.C. has been filed challenging the order dated 2.2.2018, passed by Principal Judge, Family Court, Kannauj in Criminal Case No. 260/12 of 2015 (Smt. Babita @ Anshu Vs. Chandan Singh) under section 125 Cr.P.C., Police Station- Indergarh, District Kannauj, whereby Court below has allowed the aforementioned case and directed the applicant to pay Rs. 20,000/- per month towards monthly maintenance to opposite party-2 as well as the order dated 19.5.2022, whereby Court below has allowed the application under section 126 (2) Cr.P.C. filed by applicant on cost of Rs. 1,00,000/-. Applicant is aggrieved by cost imposed by Court below.

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Learned counsel for applicant submits that orders impugned in present application are manifestly illegal and without jurisdiction. Applicant failed to appear before the Court below on account of bonafide reasons, therefore recall application was allowed. However the cost imposed by Court below is patently illegal, erroneous and excessive. The amount of cost does not commensurate with the facts and circumstances of the case. He, therefore, submits that order dated 19.5.2022 is liable to be modified by this Court.

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Per contra, the learned A.G.A. has opposed the present application. He, submits that it is an undisputed fact that opposite party-2 is legally wedded wife of applicant. Opposite party-2 has been living separately, since the year 2015. However, there is nothing on record to show that applicant had been maintaining his wife/opposite party-2 since then. As such, applicant has failed to discharge his moral and legal obligation. In view of above, cost awarded by Court below cannot be said to be excessive or harsh. It is also contended by learned A.G.A. that once the order dated 2.2.2018 has been recalled vide order dated 19.5.2022, as such, challenge to the order dated 2.2.2018 is wholly misconceived.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard Mr. Dileep Singh Yadav, the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, Court finds that marriage of applicant with opposite party-2 was solemnized on 4.12.2011. However, on account of conduct of applicant, wife of applicant started residing separately from the year 2015. There is nothing on record to show, applicant has been maintaining his wife/opposite party-2 since then. As such, applicant has failed to discharge his moral and legal obligation. In view of above, the cost awarded by court below to the tune of Rs. 1,00,000/- while allowing the recall application filed by applicant seeking recall of the final order dated 2.2.2018 under section 125 Cr.P.C., cannot be said to be excessive or harsh.

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In view of above, revision fails and is liable to be dismissed.

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It is accordingly dismissed.

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Order Date :- 6.1.2023

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Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Chandan Singh v. State of U.P. and Another

Case brief

What is this about?

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Chandan Singh v. State of U.P. and Another

Case brief

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