ANIL KUMAR MISHRA Vs. VEENU MISHRA

JUDGEMENT

(1.) It is contended by learned Counsel for the applicant that there are possibilities and strong prospects of a compromise between husband and wife. Ten years have already elapsed since the husband and wife are living apart from each other. The off-spring is the only person who is to bear the ill-effect of this stress in their relations. The submission, no doubt, is a compassionate urgence and touches the deep inner sense but once we go into the above aspect, compassion is whittled down completely. The charges against the husband from the side of the wife was that he has illicit intimacy with his own cousin, daughter of his Mousi (mother's sister). In the circumstances, it would be next impossible for any woman of good sense and humour to compromise her dignity and honour with a person of this debased and defined bent of mind. In the circumstances, this Court cannot exuberate any sympathy to this applicant. However, after examining the judgment of the Trial Court vis-a-vis date of grant of maintenance, I find that it errs on the side of exigency. So far as the wife is concerned the maintenance was granted from the date of the order but in the case of the son, it was granted from the date of application i.e. 18.6,1992 meaning thereby that the applicant was encumbered with the payment of arrears for about 11 years in the case of his son. This certainly would be harsh on the applicant. Hence this part of the order is modified and made applicable from the date of order since no reasons were given by the Judicial Magistrate for doing so.

(2.) In my opinion, ends of justice would be met suitably if this arrear is paid in four three-monthly instalments. The first such instalment shall be paid on 10th day of the next month i.e. 10th May, 2003. This applicant is to deposit first instalments by the said date. Subsequent instalments shall be deposited every 3 months from 10th May onwards meaning thereby on 10th August, 10th November, 2003 and 10th February, 2004. The Trial Court will calculate the amount of arrear in both cases from the date of the order and will divide the same into four quarterly instalments. The compliance of the order shall be made by the Trial Court in accordance with the order passed above. Monthly instalments shall be paid as per law every month from the date maintenance was allowed in exception to these instalments.

(3.) It is also contended on behalf of the applicant at a later stage while dictation of the order was in process that the wife is earning. He had made an application for summoning the records of her school where she was serving but no order was passed on that application. This fact, since the provisions of Section 127, Cr. P.C. are there it is open for him to take recourse to.