The Allahabad High Court has rejected an application under Section 482 Cr.P.C has been filed for quashing of the order dated 08.11.2023 passed by Principal Judge, Family Court, Sonbhadra, under Section 125 Cr.P.C.
A Single Bench of Justice Saurabh Shyam Shamshery passed this order while hearing an application under section 482 filed by Neeraj Kumar.
The Court said that it is the legal duty of the husband to take care of his wife and children. He cannot refuse to pay alimony.
The application under Section 482 Cr.P.C has been filed for quashing of the order dated 08.11.2023 passed by Principal Judge, Family Court, Sonbhadra, under Section 125 Cr.P.C in Misc Case (Kanchan Devi and others vs Neeraj Kumar).
Applicant before the Court is husband of Opposite Party No 2. He is aggrieved by determination of amount as interim maintenance which is in total Rs 8000/- per month.
Counsel for applicant has essentially placed reliance on objections as well as a police report submitted in an application filed under Section 156(3) Cr.P.C by complainant that Opposite Party No 2 is residing at another place on her own will as well as that applicant is earning only Rs15-17 thousands per month and he has to take care of his parents also.
“So far as other argument of the counsel for applicant is concerned, since it is an interim stage as well as outcome of above referred police report is also not on record and otherwise also said proceedings are initiated under different provisions, whereas present proceedings are arising out of Section 125 Cr.P.C, therefore, the Court is not inclined to interfere with impugned order at this stage.
The Supreme Court in numerous cases has held that it is the duty of a husband to take care of his wife and children. The Court is not entering much into the merit of this case as any observation of this Court will prejudice the case of either party. At this stage, the Court is of the view that maintenance of Rs 8000/- per month is not on much higher side,” the Court observed while rejecting the application.
However, the Court disposed of the application with observation that the Trial Court concerned will take all endeavour to decide the case finally expeditiously, preferably within a period of three months from, if there is no legal impediment.