This appeal against an order enhancing maintenance was disposed of without adjudicating on the merits. The Court reduced the enhanced maintenance from Rs. 5000/- to Rs. 4000/- per month, directing the applicant to pay this reduced amount to the spouse.
Maintenance fixed at Rs. 4000/- per month to the spouse instead of Rs. 5000/-.
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. - 68
Case :- APPLICATION U/S 482 No. - 37887 of 2022
Applicant :- Mahendra Singh Opposite Party :- State Of U.P And Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Chandra Shekhar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the impugned order dated 18.08.2021 passed by Additional Principal Judge, Family Court, Bijnor in Case No.2900020 of 2017, under Section 127 Cr.P.C., Police Station Noorpur, District Bijnor.
Learned counsel for the applicant has submitted that the applicant was married with the opposite party no.2 in the year 1979. Due to matrimonial differences, the opposite party no.2 has left her matrimonial house and has filed an application under Section 125 Cr.P.C. before the court below and the court below vide order dated 11.02.2014 has awarded maintenance of Rs.2500/- per month to the opposite party no.2. Thereafter, the opposite party no.2 has also filed an application under Section 127 Cr.P.C. for enhancement of award before the court below on 01.06.2017 in which the applicant has filed objection before the court below on 13.12.2017, which was ultimately allowed by the court below vide order dated 18.08.2021 with the direction to the applicant to pay the maintenance of Rs.5000/- to opposite party no.2 instead of Rs.2500/-. He has further submitted that the applicant is continuously paying the maintenance amount in compliance of order dated 11.02.2014. The daughter of opposite party no.2 has married three years ago, therefore, she is not entitled for any maintenance but the court below has passed the impugned order without considering the facts and circumstances of the case and without applying its judicial mind and also without considering the income of the applicant, therefore, the same is liable to be quashed.
Learned AGA has vehemently opposed the prayer and has submitted that the court below has rightly passed the impugned
order. There is no illegality or infirmity, which may call for any interference by this Court.
Objection filed by the applicant before the court below concerned in which it is cleanly stated that the maintenance was awarded to opposite party no.2 and her daughter, when she was unmarried, but at present, his daughter has already been married three years ago, therefore, his daughter is not entitled for any maintenance, but this fact has not been considered while passing the impugned order and the trial court vide order impugned has enhanced the maintenance amount from Rs.2500 to Rs.5000. Perusal of record shows that the applicant is continuously paying the maintenance award to the opposite party no.2 in compliance of order dated 11.02.2014.
Considering the facts and circumstances of the case and considering the submissions advanced as well as material brought on record, but without prejudice to the merits of the case, the present application is disposed of providing the applicant to pay maintenance of Rs.4000/- per month to the opposite party no.2 instead of Rs.5000/- per month.
With the aforesaid observation, the present application stands disposed of.
Order Date :- 15.2.2023 Ajeet
Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad
3 issues framed by the court
Whether the High Court should quash the impugned order enhancing maintenance and the case for reconsideration.
Whether the entitlement of the spouse's daughter to maintenance should be considered in the enhancement.
Whether the maintenance amount should be fixed within the prayer made in the application.
3 provisions across 1 enactments
Mahendra Singh
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
