Criminal application under Section 482 CrPC challenging an interim maintenance order. The High Court dismissed the application, holding the order was not perverse and the interim arrangement should abide by the final result.
The application under Section 482 CrPC was dismissed with no order passed on the interim maintenance matter.
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. - 66
Case :- APPLICATION U/S 482 No. - 39410 of 2022
Applicant :- Atul Kumar Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Pandey,Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sunil Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed challenging order dated 4.11.2022, passed by Principal Judge, Family Court, Deoria, in Maintenance Petition No. 910 of 2022 (Pakankshi Tripathi Vs. Atul Kumar Dubey) whereby application for interim maintenance filed by opposite party-2 in aforementioned case has been allowed and the applicant has been directed to pay monthly maintenance at the rate of Rs. 7,000/- to complainant/opposite party-2 from the date of application.
Learned counsel for applicant submits that order impugned in present application is manifestly illegal and without jurisdiction. Court below has allowed the application for interim maintenance without recording any finding with regard to income of applicant and whether opposite party-2 is residing separately on sufficient grounds or not. Moreover the amount of monthly maintenance awarded in favour of opposite party-2 is harsh and excessive against applicant. As such, order impugned cannot be sustained and therefore liable to be quashed by this Court.
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 the legally wedded wife of applicant. Marriage of parties was solemnized on 11.12.2020. However, on account of conduct of applicant, opposite party was forced to reside separately. There is nothing on record to show that applicant has been maintaining his wife since then. As such, applicant has failed to discharge his moral and legal obligation.
Referring to the impugned order, learned A.G.A. submits that no documentary evidence was filed by applicant before Court below with regard to his ailment or regarding his income. Applicant is in possession of best evidence. But for reasons best
known to applicant same was deliberately concealed from Court below. Applicant is an engineer in a private company. Amount of maintenance must commensurate with the status of parties. When impugned order is examined in the light of above, it cannot be said that impugned order is perverse or erroneous. Moreover arrangement made by Court below is interim in nature and shall abide by the final result of the case. Applicant is paying maintanance to his legally wedded wife.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 17.1.2023
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
3 issues framed by the court
Whether the impugned order allowing interim maintenance without recording findings on income and separate residence is manifestly illegal.
Whether the amount of monthly maintenance awarded is harsh and excessive against the applicant.
Whether the applicant discharged his moral and legal obligation to maintain the wife given the interim nature of the order.
1 provisions across 1 enactments
Atul Kumar Dubey
State of U.P.
Pakankshi Tripathi
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
