LAV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

(2.) This criminal misc. application U/s 482 Cr.P.C. is filed to quash the impugned order dtd. 5/8/2021 passed by Principal Judge Family Court, Bijnor in case No. 868 of 2019 (Sudha Devi vs. Lav Kumar) under Sec. 128 Cr.P.C. By the impugned order, the learned court below has allowed the application U/s 128 Cr.P.C. filed by opposite party No. 2 for recovery of arrears of Rs.36,000.00 from 6/1/2011 to 6/1/2013 and consequently issued recovery warrant.

(3.) The opposite party No. 2 instituted a proceeding under Sec. 125 Cr.P.C. for maintenance which was allowed on 19/1/2000 and Rs.500.00 per month maintenance allowance was granted in favour of the opposite party No. 2. Later on she moved an application No.71 of 2005, under Sec. 127 Cr.P.C. for enhancement of maintenance and this application was allowed on 25/11/2009 and maintenance was enhanced from Rs.500.00 to Rs.3000.00 per month. Thereafter the opposite party No. 2 moved an application No. 14 of 2013 under Sec. 128 Cr.P.C. for recovery of arrears of maintenance from 6/1/2011 to 6/1/2013 i.e. 24 months @ Rs.3000.00 per month total amounting to Rs.72,000.00 on 12/2/2013. Learned Magistrate after considering the entire evidence and material on record allowed this application in part for recovery of entire one year maintenance allowance of Rs.36,000.00 and refused to recover the remaining 12 months arrears of Rs.36,000.00 observing that it has become time barred. The opposite party No. 2 again moved an application No.406 of 2014 U/s 128 Cr.P.C. for recovery of arrears of maintenance allowance from 6/1/2012 to 6/1/2013 i.e.12 months of Rs.36,000.00 before the family court, Bijnor. This application was rejected by the Principal Judge, Family Court on the ground that earlier this point has been decided and no fresh order is required. Thereafter, the opposite party No. 2 moved another application No.868 of 2019 on 25/10/2019 under Sec. 128 Cr.P.C. for recovery of balance amount of arrears of maintenance allowance from 6/1/2011 to 6/1/2013 of Rs.36,000.00 for 12 months. It is alleged in that application that earlier an application was moved for recovery of arrears from 6/1/2011 to 6/1/2013 for total amounting of Rs.72,000.00 but the learned trial court has awarded only one years arrears maintenance amounting to Rs.36,000.00. Hence remaining arrears of maintenance for one year amounting to Rs.36,000.00 is still due from the applicant. The learned Principal Judge, Family Court by the impugned order has allowed the aforesaid application and has issued the recovery warrant for recovery of arrears of Rs.36,000.00 against the applicant.