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Allahabad High Court · body

2000 DIGILAW 1400 (ALL)

KAMAL KISHORE v. STATE OF UTTAR PRADESH

2000-11-08

S.K.AGARWAL

body2000
S. K. AGARWAL, J. ( 1 ) HEARD learned counsel for the petitioner and learned A. G. A. ( 2 ) THIS petition has been rested on two points. Firstly quantum of maintenance and secondly that the fixation of maintenance allowance from the date of application iswithout recording any reasons by the trial Court. ( 3 ) SO far as the first contention is concerned, I do not find any merit in the same. ( 4 ) COMING to the second contention advanced by learned counsel for the applicant, I felt some force but when I went through the judgment I find that application has levelled charges of adultery against his wife, the opposite party No. 2 to the petition, without proving the same in the Court. Such habit is generally rampant and reckless charges of corrupt life against the wife are levelled without any hesitation by the husbands. Such a conduct on the part of the husbands is incomprehensible and this practice is to be deprecated. If such charges are levelled and not proved it cannot be said that the Court has fixed maintenance allowance from the date of application without giving appropriate reasons. This itself constitute one of the reason for granting respondent No. 2 maintenance allowance from the date of application. In my opinion there is no justification in this argument as well and it is accordingly rejected. However, it has been contended by the learned counsel for the applicant that applicant is incapable to pay the entire amount in a single stroke. A finding has been returned by the Courts below that the applicant is a labour and earns about 700-800 rupees per month. In the circumstances I find it expedient in the interest of justice that the entire amount of maintenance from the date of application should be divided into 6 instalments so as to make it easy for the applicant to clear the arrears. ( 5 ) LEARNED Judicial Magistrate (1st Class), Firozabad, is directed to compute the entire amount and divide the same into 6 instalments. The first instalment shall be paid within one month from the date a notice to pay is given to the applicant. The second instalment and the subsequent instalments shall be paid by the applicant after an interval of every 8 weeks. He will pay the regular monthly maintenance amount in addition to these instalments. The first instalment shall be paid within one month from the date a notice to pay is given to the applicant. The second instalment and the subsequent instalments shall be paid by the applicant after an interval of every 8 weeks. He will pay the regular monthly maintenance amount in addition to these instalments. He shall deposit Rs. 350. 00 regularly from this month and continue to do the same in future on every 10th day of the succeeding months. ( 6 ) WITH these directions this application is finally disposed of. Order accordingly. .