Partly allowed

Naushad v. State of U.P. Nd Another

Allahabad HC13 Jan 2021A482/19363/2020

Case brief

AI extract

What is this about?

Held the ex parte maintenance order and recovery order quashable upon applicant's partial deposit. Court directed Family Court to decide recall application afresh after full hearing.

What did the court decide?

Impugned orders quashed. Applicant to deposit Rs.35,000 within four weeks for immediate disbursement; Family Court to decide recall application afresh within six weeks post-deposit.

Naushad Vs State of U.P. Nd Another — Maintenance and Alimony | Allahabad HC (2021)

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 19363 of 2020

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Applicant :- Naushad Opposite Party :- State Of U.P. Nd Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Kumar,J.

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Heard Sri Mahendra Tripathi, learned counsel for the applicant and learned Additional Government Advocate for the State respondent.

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By means of this application filed under Section 482 Cr.P.C., the applicant has sought for quashing of the order of recovery dated 23rd November, 2020 which has been passed as consequential order to the order dated 20th July, 2019 passed by the Principal Judge, Family Court, Agra in Criminal Case No.1029 of 2018 (Smt. Ujma Hasan v. Naushad) under Section 125 Cr.P.C., Police Station- New Agra, District- Agra.

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It is argued by the learned counsel for the applicant that principal order was initially passed in ex parte manner and the application filed by the applicant for recalling of the said order has come to be rejected by the Principal Judge, Family Court, Agra on 23rd November, 2020. He further submits that once the order has been passed ex parte , the court ought to have been considerate on recall application and should have heard the matter afresh instead of rejecting the same. It is admitted to the applicant that in view of the order of maintenance initially passed on 20th July, 2019, he is in arrears of Rs.70,000/- to be paid to the opposite party and it is argued that the applicant is ready to pay half of the amount provided the court re-hears and re-decides the matter on the recall of the order on the misc. application filed by the applicant.

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Learned Additional Government Advocate has no objection to the same.

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In view of the above, this application stands disposed of with a direction that in the event the applicant deposits Rs.35,000/within a period of four weeks from today before the court concerned, the same shall be disbursed to the opposite party and the court shall further proceed to decide the misc. application of the applicant afresh under Section 126 Cr.P.C. The order impugned is put in abeyance and shall abide by the order to be passed as directed hereinabove.

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Accordingly, the order dated 20th July, 2019 and the consequential order of recovery dated 23rd November, 2020 are hereby quashed and learned Principal Judge, Family Court, is directed to decide the matter afresh within a period of six weeks from the date of application filed by the applicant after giving full opportunity of hearing to the opposite party as well as the applicant.

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It is, however, provided that in the event the applicant fails to deposit the amount as per the undertakings given before this Court by his counsel, interim protection granted hereinabove shall stand discharged and the concerned court shall be at liberty to proceed in accordance with law.

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Order Date :- 13.1.2021 Atmesh

Naushad v. State of U.P. Nd Another

Case brief

What is this about?

What did the court decide?

Naushad v. State of U.P. Nd Another

Case brief

What is this about?

What did the court decide?

What the court decided

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