Allahabad High Court
Smt. Madhumala Sahu vs State Of U.P. And Another on 18 November, 2020
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL REVISION No. - 467 of 2020 Revisionist :- Smt. Madhumala Sahu Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dewarshi Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
(Order on Crl. Misc. Correction Application No. 3 of 2020) The correction application was moved on behalf of Smt. Madhumala Sahu to correct the order of this Court dated 01.09.2020 dictated by me. The order passed by this Court on the date is quoted herein below :-
"It has been canvassed at the Bar that coordinate Bench of this Court has passed an order directing the court below to decide 125 Cr.P.C. in Crl. Misc. No. 440 of 2017 and concluded the same within a period of three months and with the alike direction, this Court also directed that the court below would abide the orders of High Court as passed earlier and pass suitable order.
With the present observation, the present criminal revision stands disposed of."
This present criminal revision was filed by Ms. Madhumala Sahu seeking prayer to allow the instant revision and set aside the judgement and order dated 16.12.2019 passed by Additional Principal Judge, Family Court, in Case No. 150 of 2019, Mohan Lal Vs. Smt. Madhumala Sahu, under Section 126(2) Cr.P.C., P.S.Naubasta, District Kanpur Nagar.
Prior to this, it is also borne out from the record that same revisionist has filed three 482 Applications bearing numbers 33799 of 2018,11953 of 2020 an 40383 of 2019.
To start with the the earliest 482 application no. 33799 of 2018, the coordinate Bench of this Court after hearing the learned counsel for the applicant has disposed of the 482 application with the direction that the prayer sought in Application No. 33799 of 2018 for expeditious disposal of case no. 440 of 2017, Smt. Madhumala Sahu Vs. State of U.P. and another, under Section 125 Cr.P.C. pending in the court of Principal Judge, Family Court, Kanpur Nagar within a stipulated period of time.
After hearing the learned counsel for the applicant, the coordinate Bench of this Court on 25.09.2018 has disposed of the aforesaid applications with the following directions:-
"Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to expeditious disposal of Case No.440 of 2017 (Smt. Madhumala Sahu Vs. Mohan Lal), under Section 125 CrPC, PS Naubasta, District Kanpur Nagar pending in the Court of Principal Judge, Family Court, Kanpur Nagar within a determinate period of time.
The submission of the learned counsel for the applicant is that the pleadings in the maintenance case have been exchanged and the application is ready for hearing. It is an application of the year 2017 and involves inherent urgency going by the nature of proceedings that seek maintenance brought by the wife. The wife has no means of sustenance and the purpose of the proceedings is to prevent destitution and provide support to the wife.
Looking to the aforesaid facts and circumstances and the fact also that the case is pending since the year 2017, it is directed that Principal Judge, Family Court, Kanpur Nagar shall proceed to decide Case No.440 of 2017 within a period of eight months next, unless there be any legal impediment.
In case an application for interim maintenance is filed, the same shall be decided within a period of one month from the date of such application being filed.
This petition is, accordingly, disposed of with the above orders."
Yet another 482 application no. 11953 of 2020 with the same prayer i.e. to direct the learned court below/ Principal Judge, Family Court to expedite the case no. 440 of 2017 under Section 125 Cr.P.C., P.S. Naubasta, District Kanpur Nagar within a period of one month.
Though, the second 482 Cr.P.C. application was not maintainable with the same prayer, even then the coordinate Bench of this Curt vide order dated 10.07.2020 again given a direction to the court below which reads as under:-
"Heard learned counsel for the applicant and learned A.G.A. for the State of U.P. The present application u/s 482 Cr.P.C. has been filed to direct the learned court below/Principal Judge, Family Court, Kanpur Nagar to expedite the Case No. 440 of 2017 (Smt. Madhumala Sahu Vs. Mohan Lal), under Section 125 Cr.P.C., P.S. Naubasta, District Kanpur Nagar.
Learned counsel for the applicant submits that application under Section 125 Cr.P.C. is pending before the Principal Judge, Family Court, Kanpur Nagar since 18.05.2017. He submits that his application was decided ex-parte on 11.04.2019 thereafter opposite party no. 2 moved recall application on 04.05.2019. Therefore, this ex-parte order was recalled on 16.12.2019. He submits that he had also moved Application u/s 482 No. 33799 of 2018 (Smt. Madhumala Sahu Vs. State of U.P. and another) in which a co-ordinate Bench of this Court vide order dated 25th September, 2018 has directed Principal Judge, Family Court, Kanpur Nagar to proceed and decide the case within a period of eight months next, unless there be any legal impediment. In case, an application for interim maintenance is filed, the same shall be decided within a period of one month from the date of such application being filed. He submits that since the case is not decided neither any maintenance is allowed, therefore, the applicant is facing hardship.
Considering the facts and nature of the proceeding, it appears appropriate that the court concerned be directed to dispose of the aforesaid case at the earliest which is pending since 18.05.2017. In view of the order passed earlier by a co-ordinate Bench of this Court in Application U/s 482 Cr.P.C. No. 33799 of 2018 Smt. Madhumala Sahu Vs. State of U.P. and another, the court concerned will decide the aforesaid application within a period of three months and on moving interim maintenance application, the same shall be decided within 20 days from the date of proper functioning of the court.
Accordingly, the application is disposed of."
It has also borne out that a third 482 application was moved bearing number 40383 of 2019 in between the same party with the prayer seeking direction to the learned Additional Family Court to pass appropriate orders upon the application dated 11.07.2019 filed under Section 125(3) Cr.P.C. In application dated 13.05.2019 case no. 175 and the coordinate Bench of this Court dated 11.11.2019 pleased to pass the following orders :-
"This application under section 482 Cr.P.C. has been filed seeking direction to the learned Additional Family Court to pass appropriate orders upon the application dated 11.07.2019 filed in Case No.125(3) Cr.P.C. filed in application dated 13.05.2019 Case No.175 of 2019 (Smt. Madhumala Shahu vs. Mohanlal) under Section 125(3), Police Station Babupurawa, District Kanpur Nagar and expedite the proceedings of the aforesaid case within stipulated period of time, pending in the court of Additional Family Court, Kanpur Nagar.
It has been made to appear by the counsel that there are some applications dated 13.05.2019 and 11.07.2019 moved in the court below but no orders have been passed upon the same so far. Some direction to expedite the disposal of the application has been sought by the counsel.
In the absence of complete record this Court is not in a position to know the exact status of proceedings or the reasons for non-disposal of such application, if there is any.
However, this application stands disposed of with the direction that if any such applications dated 13.05.2019 and 11.07.2019 pending in the court below and no adequate orders have been passed upon the same so far, the court below shall look into the same and pass appropriate orders in accordance with law as it may deem fit at the earliest."
Thus from the record it is clear that as many as three 482 applications were filed by the revisionist one after another.
Now coming to the present case, learned counsel for the revisionist has drawn the attention of the Court to the Annexure-2 to the affidavit which is an exparte judgement and order passed by Additional Family Court, Court No.3, Kanpur Nagar dated 11.04.2019, which was allowed in favour of the revisionist Ms. Madhumala Sahu directing the opposite party to provide Rs. 15,000/- per month as an amount of maintenance on every 10th day of the successive month.
There was a clear cut finding that despite of the notice there is a fresh notice upon the opposite party no.2, he has not put his appearance and therefore on 16.01.2019, it was directed that the matter should be decided exparte and accordingly the aforesaid case no. 440 of 2017 (Smt. Madhumala Sahu Vs. Mohan Lal) was decided on 11.04.2019 by allowing the maintenance proceedings in favour of Madhumala Sahu.
Soon after the exparte was was passed an application under Section 126(2) Cr.P.C. by the husband Mohal Lal on 04.05.2019 for recalling the exparte order. After exchange of pleadings between the parties under Section 126(2) Cr.P.C. application, learned Additional Family Court, Court No.3 on 16.12.2019 allowed the application under Section 126(2) Cr.P.C. moved by the husband after levelling the cost of Rs. 30,000/- upon him and quash the remaining order dated 11.04.2019 also restore the case no. 440 of 2017 to its original number.
Aggrieved by this order, the present revision has been filed.
I have perused the order impugned, from the order it is clear that Ms. Madhumala Sahu and Mohan got married on 26.02.2016 at Kanpur Nagar. Unfortunately there was a deep rooted misunderstanding between husband and wife and thereafter there was a volley of litigation against each other viz case crime no. 379 of 2017 under Sections 498A, 323, 504, 354 IPC and Section 3/4 D.P. Act. Thereafter complaint case no. 25202 of 2017, Madhumala Sahu Vs.Mohan Lal, under Section 12 of the Domestic Violence Act. Whereas the husband has also moved criminal case under Section 323, 504, 506, 506 and34 IPC at Nasik. It has been contended by the learned counsel for the revisionist that the proceeding of under Section 125 Cr.P.C. is pending since 2017. The contesting parties are pitted against each other with numerous civil as well as criminal case. She is unable to maintain herself as she is not getting even a moderate amount of maintenance regularly from the opposite party since 2017. The husband is in civilian job of Indian Air Force. She has moved this application for maintenance in the year 2017 and the aforesaid maintenance proceedings is yet to see its final day. It has also been contended by the learned counsel for the revisionist that application for interim maintenance is also pending undecided and three years has been lapsed and the proceeding for maintenance amount for fixing the maintenance amount is yet to be decided.
Under the circumstances, the court concerned has recalled his order by passing the impugned order dated 16.12.2019 after imposing a cost of Rs. 30,000/-.
I have perused the order impugned carefully and I do not find any illegality or perversity in it. However, it is expected from the Principal Judge, Family Court No.3, Kanpur Nagar to decide the application under Section 125 Cr.P.C. pending since 2017 latest by 30.06.2021 on merits positively. It is also given to understand that revisionist's application for interim maintenance is also pending undecided, the court below may also dispose off the same by 15.01.2021 provided the revisionist give the correct postal address of the opposite party no.2 within a week from the date of production of certified copy of this order. It goes without saying, that court below is not powerless to take suitable legal action against that contesting party, who is playing tricks and game, creating unwarranted hurdles in disposal of maintenance proceedings on merits within the time stipulated above.
It is the responsibility of the revisionist to give a correct postal address to the court concerned of Mohan Lal, opposite party no.2 son of Late Sukhram Sahu, as he is Govt. Servant. It is also expected that Mohan Lal opposite party no.2 would render fullest support and cooperation for early disposal of the case no. 440 of 2017 on merits, to be concluded within the time stipulated here-in-above. Else the court concerned would be free to pass suitable orders in accordance with law, if either of the parties do not cooperate in the disposal of the case.
With the aforesaid observation, the present correction application is accordingly disposed of.
Order Date :- 18.11.2020 Abhishek Sri.