Court No. - 71

Case :- APPLICATION U/S 482 No. - 17757 of 2022

Applicant :- Govind Dwivedi

Opposite Party :- State Of U.P And Another

Counsel for Applicant :- Girish Singh

Counsel for Opposite Party :- G.A.,Anju Srivastava,Avinash

Kumar Verma

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Learned counsel for the applicant, learned counsel for the opp.

party no.2 are present.

By means of this application under section 482 Cr.P.C.,the

applicant seeks to invoke the inherent jurisdiction of this court

to quash the order dated 13.5.2022 passed by Principal Judge,

Family Court, Kanpur Nagar, in case no. 16 of 2021, Smt.

Shefali Vs. Govind Dwivedi under section 125 Cr.P.C.

The admitted position of the case is that on 19.10.2019 an

application under section 125 Cr.P.C. was moved by the opp.

party no. 2 which was allowed ex parte on 12.11.2020 with the

order for payment of Rs. 25000/- per month as maintenance

from the date of application under section 125 Cr.P.C. Against

the ex parte judgment dated 12.11.2020, the applicant filed a

revision before this court wherein the interim maintenance of

Rs. 15,000/- per month was awarded to the opp. party no. 2 and

at last this revision was finally disposed remanding the case

back to trial court to decide the case afresh within three months.

In compliance of this order, the Family Court, Kanpur Nagar

decided the application of the opp. party no. 2 under section

125 Cr.P.C. on 21.12.2021 and awarded maintenance to the opp.

party no. 2 to the tune of Rs. 15,000/- per month from the date

of the application i.e. 19.10.2019.

It is admitted position that now the whole payment of the

maintenance / arrears of maintenance is to be paid by the

applicant to the opp. party no. 2 in compliance of the judgment

of family court, Kanpur Nagar dated 21.12.2021.

From the perusal of the record, it appears that soon after passing

the ex parte judgment dated 12.11.2020, the opp. party no. 2

moved an application dated 18.12.2020 for payment of Rs. 3

lacs for arrears of maintenance for 12 months, from 19.10.2019

to 19.11.2020. After this application, the applicant moved an

application paper no. 14 Ga on 11.3.2022 whereby all the facts

mentioned above were mentioned in the application. The prayer

was made to reject this application dated 18.12.2020 of the opp.

party no. 2 which was registered as misc. application no. 16 of

2021. By the impugned order dated 13.5.2022, the Principal

Judge, Family Court, Kanpur Nagar rejected the application no.

14 Ga of the applicant and fixed further date 13.6.2022 for

disposal, the court also ordered to file any interim order or stay

order, of this court, if there was any. The applicant has appeared

before this court for quashing of this order dated 13.5.2022. It is

submitted by the learned counsel for the applicant that now the

final position is that from 19.10.2019 i.e. the date of application

under section 125 Cr.P.C. of the opp. party no. 2, the applicant

has to pay Rs. 15,000/- per month to the opp. party no. 2 and

whatever he has paid up to now is to be adjusted towards due

amount / arrears. Admittedly, the present applicant has not

made complete payment to the opp. party no. 2, hence, he was

ordered to make the complete payment.

From the above discussions, the court comes to the conclusion

that now the applicant has to pay to the opp. party no. 2 Rs.

15,000/- per month from 19.10.2019 till further orders of the

court and whatever amount the applicant has paid earlier to the

opp. party no. 2 is to be adjusted towards arrears.

As the applicant shows his willing to pay the arrears in

installments, so with his counsel's consent the applicant is

directed to pay the amount of arrears within six months in three

equal installments at two months interval each along with the

regular payment of Rs. 15,000/- per month. The first installment

will fall due on 15.2.2023.

The application u/s 482 Cr.P.C. is disposed of accordingly.

Order Date :- 24.1.2023

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