This application challenged a family court order granting monthly maintenance to a minor child. The court rejected the claim that the mother's separation from the father warranted revoking the allowance, dismissing the application for lacking merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- APPLICATION U/S 482 No. - 15027 of 2018
Applicant :- Pankaj Verma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application has been filed against the order dated 17.01.2018 passed by the learned Principal Judge, Family Court, Kanpur Nagar in Case No. 152 of 2015 (Smt. Namrata Singh and another Vs. Pankaj Verma), under Section 125 Cr.P.C., Police Station- Pheelkhana, District- Kanpur Nagar, by which maintenance allowance @ Rs. 5,000/- per month to the opposite party no. 3 has been awarded by the learned court below from the date of that order.
Learned counsel for the applicant submits that opposite party no. 2 who is the mother of opposite party no. 3 is wilfully residing away from the applicant and therefore the award of maintenance allowance @ Rs. 5,000/- per month to the opposite party no. 3 is erroneous.
The learned Court below has not awarded any interim maintenance allowance to the opposite party no. 2. However, the minor child who is in the custody of her mother could not be deprived of the maintenance allowance, in view of the conduct of her mother.
In view of the above, there is no error in the order passed by the learned Court below. The present application lacks merit and is accordingly dismissed .
Order Date :- 1.5.2018 A. Singh
1 issue framed by the court
Whether the maintenance allowance granted to the minor child warrants quashing due to the mother's wilful separation from the father.
2 provisions across 1 enactments
Pankaj Verma
State of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
