Dismissed

Chandrabhushan Jaiswal v. State of U.P. and Another

Allahabad HC1 Jul 2019A482/24238/2019

Case brief

AI extract

What is this about?

The applicant sought to quash an order directing salary deduction under the Domestic Violence Act. The High Court found no merit, noting the appeal against the maintenance order was pending since 2014 but no stay was granted. The application was dismissed.

What did the court decide?

The application under Section 482 CrPC was dismissed, and the impugned order was allowed to stand.

Chandrabhushan Jaiswal Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 24238 of 2019

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Applicant :- Chandrabhushan Jaiswal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Upendra Upadhyay,Abou Sofian Usmani

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Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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Present application under 482 Cr.P.c. has been filed for quashing the order dated 02.05.2019 passed by the Additional Chief Judicial Magistrate, Room No. 5, Allahabad in Case No. 1144/2018 (Smt. Jyoti Jaiswal Vs. Chandrabhushan Jaiswal) under Section Section 31 Domestic Violence Act, Police Station- Kydganj, District- Allahabad.

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It is submitted by learned counsel for the applicant that respondent No. 2 has filed an application under Section 12 of Protection of Women from Domestic Violence Act and the application filed by complainant was allowed and direction was given to deduct of 1/4th salary from the salary account of the applicant who is working in Indian Railways as T.C.M.-Ist and his salary about 60,000/-.

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It appears that the said order was passed under Section 12 of Protection of Women from Domestic Violence Act. Against that order appeal under Section 29 of the Protection of Women from Domestic Violence Act was filed on 18.06.2014 which was admitted on the same day and notice was issued to respondent No. 2. The said appeal was registered as Criminal Appeal No. 132 of 2014 which is pending since then.

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In the meantime, the application for execution of the order dated 02.05.2019 was filed whereby the direction was issued to deduct the 1/4th salary from the salary account of the applicant.

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It is admitted that no maintenance has been paid by the applicant pursuant to the order dated 12.05.2014 passed by the Additional Chief Judicial Magistrate, Room No. 8, Allahabad in an proceeding under Section 12 of the Protection of Women from Domestic Violence. The appeal is pending since 2014 and no efforts were made by the applicant to decide the same, even the copy of the order-sheet has not been filed.

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Since, there is no order to stay the order of the Additional Chief Judicial Magistrate, therefore, the impugned order has rightly been passed by the Magistrate for implementation of the earlier order dated 12.05.2014.

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I do not find any illegality or infirmity in the impugned order.

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The applicant should pursue his appeal and file an application for early disposal of his appeal before the concerned appellate court.

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The application lacks merit and is accordingly, dismissed .

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Order Date :- 1.7.2019 Sweety

Chandrabhushan Jaiswal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Chandrabhushan Jaiswal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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