Remanded

Surendra Patel v. State of U.P. and 2 Others

Allahabad HC8 Jan 2021A482/19001/2020

Case brief

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What is this about?

Court set aside ex parte maintenance and recovery orders. Matter remitted to Principal Judge, Family Court, Jaunpur to rehear applicant conditional upon depositing 50% of arrears within one month. Further coercive measures stayed pending disposal.

What did the court decide?

Set aside ex parte maintenance and recovery orders; remitted to Family Court to rehear subject to 50% deposit of arrears within one month; stay of coercive measures pending disposal.

Surendra Patel Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2021)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 19001 of 2020

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Applicant :- Surendra Patel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard Sri Ajeet Kumar Srivastava, learned counsel for the applicant and learned Additional Government Advocate for the State respondents.

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By means of this application filed under Section 482 Cr.P.C. the applicant has challenged the order dated 31st October, 2020 passed by Additional Principal Judge, Family Court, Jaunpur whereby recall application in respect of the ex parte order for maintenance dated 20th February, 2019 has been rejected.

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Learned counsel for the applicant has submitted that the Court manifestly erred in rejecting the recall application and at the same time proceeding with recovery of the outstanding dues against the applicant pursuant to the ex parte order has been initiated. He further submits that in order to show his bona fide he is ready to deposit 50% of the arrears accrued till date from the date of order and his application may be reheard against the ex parte order.

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Learned Additional Government Advocate has no objection in case if the order passed ex parte dated 20th February, 2019 is set aside remitting the matter to the Principal Judge, Family Court, Jaunpur to decide afresh.

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In view of the above, this application is disposed of with a direction to the Principal Judge, Family Court, Jaunpur to rehear and decide the misc. application of the applicant against the ex parte order dated 20th February, 2019 provided the applicant deposits 50% of the amount ordered under the order dated 20th February, 2019 till date within a period of one month and until the disposal of his application, no further coercive measures shall be taken against the applicant in the matter of maintenance. Needless to add that the rival parties shall be given full opportunity of hearing before any order is passed.

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However, it is further provided that in case the applicant fails to make deposit by 10th February, 2021 the court below shall be at liberty to proceed strictly in accordance with law.

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The order dated 20th February, 2019 passed by the Principal Judge, Family Court, Jaunpur and the consequential recovery warrant order dated 31st October, 2020 are, accordingly, set aside and the matter stands remitted.

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Order Date :- 8.1.2021 Atmesh

Surendra Patel v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Surendra Patel v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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