Dismissed

dharmendra kathuria @ vikki v. State of U.P. and 2 Ors.

Allahabad HC6 Jul 2021A482/9695/2021

Case brief

AI extract

What is this about?

An application under Section 482 CrPC seeking stay of non-bailable warrants for recovery of maintenance was dismissed. The Court held there was no abuse of process or illegality, noting the applicant had evaded warrants for two years without credible evidence of illness.

What did the court decide?

Stay of non-bailable warrants and recovery of maintenance was denied and the application was dismissed.

dharmendra kathuria @ vikki Vs State of U.P. and 2… — Maintenance and Alimony | Allahabad HC (2021)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 9695 of 2021

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Applicant :- Dharmendra Kathuria @ Vikki Opposite Party :- State Of U.P. And 2 Ors. Counsel for Applicant :- Roshan Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for applicant, Shri Roshan Kumar Singh and learned AGA through videoconferencing.

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The present application under Section 482 Cr.P.C. has been filed against the impugned orders dated 27.06.2019 and 23.03.2021 whereby non bailable warrants against the present applicant were issued by the Trial Court on an application given under Section 125(3) Cr.P.C. by the opposite party No. 2 in Original Case No. 71 of 2006 (Smt. Manveet Kathuria @ Niti Vs. Dharmendra Kathuria @ Vikki pending before Additional Principal Judge, Family Court, Court No. 3, Kanpur Nagar.

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The learned counsel has prayed in this application that NBWs issued against the applicant on 27.06.2019 and 23.3.2021 may kindly be stayed and the recovery of the balance maintenance amount be also stayed.

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Learned counsel for the applicant has submitted that the applicant was ill on the date of issuing the NBWs against him but the learned counsel for the applicant has not brought on record any reliable evidence to corroborate this fact.

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The learned AGA appearing on behalf of the State submits that there is no illegality or infirmity of any kind whatsoever in the impugned non bailable warrants issued against the applicant. He also submits that there is no abuse of the process of law.

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Having gone through the record of this case, it transpires that the applicant is avoiding the recovery warrant as well as non bailable warrants issued against him for the last about two years. The learned Trial Court while issuing the impugned non bailable warrants against the applicant has not committed any illegality and has not committed any abuse of the process of law. This Court finds that there is nothing on merit on this application which could warrant interference under Section 482 Cr.P.C.

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The application sans merit and it is dismissed.

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Order Date :- 6.7.2021 LBY

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Digitally signed by Justice Ajit Singh Date: 2021.07.10 10:44:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

dharmendra kathuria @ vikki v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

dharmendra kathuria @ vikki v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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