Disposed

Deep Shikha Gupta v. Sanjay Gupta

Allahabad HC25 Nov 2022A227/8425/2022

Case brief

AI extract

What is this about?

Petitioner challenged non-payment of maintenance under Section 125 Cr.P.C. The Court held the matter involves jurisdiction of the trial court but directed the lower court to make every endeavour for recovery of arrears without legal impediment. Petition subsequently disposed of.

What did the court decide?

Directed the court below to make all endeavours within the legal framework for recovery of maintenance arrears.

Deep Shikha Gupta Vs Sanjay Gupta — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 91

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Case :- MATTERS UNDER ARTICLE 227 No. - 8425 of 2022

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Petitioner :- Deep Shikha Gupta Respondent :- Sanjay Gupta Counsel for Petitioner :- Vinod Kr Pandey

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Vinod Kr. Pandey, learned counsel for the petitioner.

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It is contended on behalf of the petitioner that the respondent was directed to pay total amount of Rs.7,500/- per month from the date of order, i.e., 27.02.2020 as maintenance under section 125 Cr.P.C. to the petitioner for herself and her daughter. However, even after lapse of more than two years from the date of order only Rs.25,000/- has been paid. It is submitted that the petitioner is finding it difficult to make two ends meet because of non-payment of arrears of maintenance and now the arrears to the tune of more than Rs.2,00,000/- are due. It is also stated that recovery warrant issued for the recovery of arrears was recalled without good reason.

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It may be noted that in the memo of petition, the petitioner has referred to a Revision No.1588 of 2020 admittedly filed by the respondent against the order of maintenance, which is pending. It is also shown from the papers that the court concerned did order for issue of recovery warrant, which was addressed to concerned police station for recovery of amount of maintenance.

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In my view there is nothing on record, which may warrant exercise of jurisdiction under Article 227 of the Constitution of India, as the matter relates to recovery of arrears of maintenance, which may involve not only adjustment of the amount deposited, if any, and points which can be decided appropriately by the trial court only. However, the learned court below is expected to make all endevours, strictly within the legal framework, for recovery of the amount of arrears of maintenance, if there is no legal impediment in undertaking the same.

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Accordingly, this petition is disposed of.

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Order Date :- 25.11.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.11.29 10:00:42 IST Reason: Location: High Court of Judicature at Allahabad

Deep Shikha Gupta v. Sanjay Gupta

Case brief

What is this about?

What did the court decide?

Deep Shikha Gupta v. Sanjay Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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