Disposed

Nooruddin v. State of U.P. and Another

Allahabad HC3 Aug 2022/22/2020

Case brief

AI extract

What is this about?

In a criminal revision under Section 19(4) of the Family Court Act, the High Court found the interim maintenance award of Rs. 10,000/- excessive. Lacking income findings by the Family Court, the Court ordered a reduction to Rs. 7,000/- to the wife and Rs. 3,000/- to the minor son.

What did the court decide?

Interim maintenance reduced to Rs. 7,000/- total (Rs. 4,000 to wife, Rs. 3,000 to minor son) effective from 26.05.2017.

Nooruddin Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 10 Case :- CRIMINAL REVISION No. - 22 of 2020 Revisionist :- Nooruddin Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Narendra Bahadur Singh,P.K. Mishra,Udai Pratap Singh

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Counsel for Opposite Party :- Govt. Advocate,Abdul Rafey Siddiqui,Adil Hussain,Rehan Ahmad Siddiqui

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Hon'ble Dinesh Kumar Singh,J.

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1. Heard learned counsel for the revisionist, Mr.Rehan Siddiqui, learned counsel for the opposite party No.2 and Mr.Ran Vijay Singh, learned A.G.A. for the State.

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2. Present revision under Section 19(4) of the Family Court Act has been filed against the judgment and order dated 03.12.2019 passed by the court of learned Principal Judge, Family Court, Faizabad in Case No.170 of 2017 under Section 125 Cr.P.C. whereby the learned Family Court has allowed interim maintenance @ Rs.7,000/- to the wife and @ Rs.3,000/- per month to minor son; total Rs.10,000/- with effect from the date of filing of the application i.e. 26.05.2017.

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3. This Court after considering the submission on behalf of the learned counsel for the revisionist and Mr.Rehan Siddiqui, learned counsel for opposite party No.2 is of the view that interim maintenance awarded @ Rs.10,000/- is on higher side.

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4. Learned Family Court ought to have considered the income of the revisionist before granting maintenance. The order does not disclose finding of the learned trial Court regarding income of the revisionist.

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5. In view thereof, present revision is disposed of with modification of the order dated 03.12.2019 to the extent that interim maintenance awarded by the Family Court is reduced to Rs.7,000/- i.e. Rs.4,000/- to the wife and Rs.3,000/- to the minor son with effect from the date of filing of the application.

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( Dinesh Kumar Singh, J. )

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Order Date :- 3.8.2022

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prateek

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Digitally signed by PRATEEK ARORA Date: 2022.08.03 18:15:37 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Nooruddin v. State of U.P. and Another

Case brief

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Nooruddin v. State of U.P. and Another

Case brief

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