Allahabad High Court
Shiv Kumar @ Batai vs State Of U.P. And 2 Others on 13 January, 2020
Author: Pradeep Kumar Srivastava
Bench: Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- APPLICATION U/S 482 No. - 969 of 2020 Applicant :- Shiv Kumar @ Batai Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashi Bhushan Counsel for Opposite Party :- G.A. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Shashi Bhushan, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed by Shiv Kumar @ Batai with the request to quash the impugned order dated 29.11.2019 passed by the Principal Judge, Family Court, Siddharth Nagar in Misc. Criminal Case No. 354 of 2018, Premwati Vs. Shiv Kumar, Under Section 128 Cr.P.C., P.S. Trilokpur, District Siddharth Nagar.
The submission of learned counsel for the applicant is that opposite party nos. 2 and 3 filed an application under section 125 Cr.P.C. which was numbered as Misc. Case No. 78 of 2014 before the Principal Judge, Family Court, Siddharth Nagar which was decided in her favour on 22.05.2018 and the applicants husband was directed to pay maintenance to opposite party nos. 2 and 3 and awarded Rs. 2000/- in favour of opposite party no. 2 and Rs. 2000/- was awarded in favour of opposite party no. 3. On being aggrieved by that order a Criminal Revision was filed before this Court and the same was decided by this Court by order dated 17.09.2019. Subsequently the Principal Judge, Family Court, Siddharth Nagar on application under section 128 Cr.P.C. moved on 29.08.2018 passed an order for recovery of the maintenance amount by the impugned order dated 29.11.2019, that order has been sought to be quashed by this application.
It appears that legal remedy which was available to the applicant-husband has already been exhausted and after dismissal of the revision by this Court the learned Family Court proceeded under section 128 Cr.P.C. for the recovery of the maintenance amount.
The submission is that the case of the applicant-husband was that the applicant was not his wife and financially he is not in position to pay that much of amount which has now come to nearly Rs. 6 lakhs. After dismissal of the revision from this Court this plea is not at all maintainable. The applicant husband is expected to pay and clear the arrears of maintenance as directed by the learned Family Court. The only concession which could be provided by the family court to him that it could direct him to pay entire amount in easy installment with a rigorous condition on violation of any of the installment, the total amount shall be recovered in one go. But for that applicant husband is expected to give an application before the learned Family Court.
In view of the discussions made above, I find no force in the application, the application under section 482 Cr.P.C. is dismissed.
The applicant is at liberty to move application as aforesaid on which the Family Court can take an appropriate decision according to law.
Order Date :- 13.1.2020 Bhanu