Disposed

Smt. Heera @ Meena v. State of U.P. and Another

Allahabad HC25 May 2018CRLR/1774/2018

Case brief

AI extract

What is this about?

This revision petition challenged a lower court order allowing a respondent to file a new Section 126(2) application after a prior one was rejected. The High Court disposed of the revision by directing the lower court to conclude maintenance proceedings within four months, grant interim maintenance, and consider past arrears from 2012.

What did the court decide?

Lower court to conclude Section 125 proceedings within four months; applicant to file for interim maintenance within two weeks; consideration of past maintenance from 22.8.2012.

Smt. Heera @ Meena Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2018)

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Court No. - 49

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Case :- CRIMINAL REVISION No. - 1774 of 2018

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Revisionist :- Smt. Heera @ Meena Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Hridaya Narain Shukla,Rajeev Ratan Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present revision has been to set aside the impugned judgment and order dated 13.3.2018 passed by Additional Session Judge/F.T.C.II/Additional Family Court, Basti in Misc. Criminal Case No. 85/11A of 2016 (Radhey Shyam Vs. Smt. Heera & Meena), under Section 125 Cr.P.C., Police Station Lalganj, District Basti.

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Learned counsel for the applicant submits that the earlier an exparte order dated 22.8.2012 had been passed, by which the maintenance allowance @ Rs. 1000/- per month had been awarded to the applicant. The opposite party no.2 then filed an application under Section 126(2) Cr.P.C. to recall the aforesaid exparte order. The said application was rejected by order dated 29.4.2016.

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Subsequently, the opposite party no.2 appears to have filed another application under Section 126(2) Cr.P.C., which has been allowed by the order dated 13.3.2018.

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Learned counsel for the applicant submits that such a course was not permissible to the learned court below inasmuch as once an application under Section 126(2) had been earlier filed by the opposite party no.2 and that had been rejected, only course open to the opposite party no.2 was to challenge that order before this Court. Inasmuch as, it is admitted that no challenge was raised to the earlier order passed under Section 126(2), it was not open to the opposite party no.2 to file a second application under Section 126(2) Cr.P.C.

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Considering the above, no useful purpose would be served in keeping the revision pending in view of the order proposed to be passed, keeping in mind the interest of opposite party no.2.

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The instant revision is disposed of with the following directions:-

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(i) The learned court below shall conclude the proceeding under Section 125 Cr.P.C. as expeditiously as possible, preferably within a period of four months from the date of the production of a certified copy of this order.

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(ii) The applicant may file an application for grant of interim maintenance allowance within a period of two weeks from today alongwith a certified copy of this order. Upon such application being filed, the same shall be first disposed of within a period of four weeks from the date of the filing of such application.

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(iii) While passing of the final order under Section 125 Cr.P.C., the learn1ed court below shall consider the need to provide for maintenance

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allowance for the past period from the date 22.8.2012 when the exparte order providing for the maintenance allowance @ Rs. 1000/- per month had been passed against the opposite party no.2.

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Order Date :- 25.5.2018 Mini

Smt. Heera @ Meena v. State of U.P. and Another

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Smt. Heera @ Meena v. State of U.P. and Another

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