Disposed¶10

Saurabh Tomar v. State of U.P. and Another

Allahabad HC10 Aug 2022A482/13639/2022

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing; Section 125 Cr.P.C. interim maintenance; reduction of interim maintenance from Rs. 9,000/- to Rs. 7,000/- per month; Family Court Gautam Buddh Nagar; Case No. 294/2020 (Deepika Chaudhary Vs. Saurabh Tomar); applicant claiming no income as private B.A. student with dependent parents; income assessed on surmises and conjectures; mediation pending before High Court; main maintenance case pending, to be decided after evidence.

What did the court decide?

Application under Section 482 Cr.P.C. disposed of finally with a direction that the applicant pay Rs. 7,000/- per month to opposite party no. 2 as interim maintenance (the Family Court had fixed Rs. 9,000/- per month); the main maintenance case continues pending. ¶10

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim maintenance order dated 22.04.2022 passed by the Additional Principal Judge/Family Court, Gautam Buddh Nagar in Case No. 294/2020 under Section 125 Cr.P.C., directing the applicant to pay Rs.9,000/- per month to opposite party no. 2, ought to be quashed under Section 482 Cr.P.C.

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Court's answer

The Court directed the applicant to pay Rs. 7,000/- per month to opposite party no. 2 as interim maintenance, in place of the Rs. 9,000/- per month fixed by the court below, and disposed of the application with this direction.

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Key takeaways

The main maintenance proceeding under Section 125 Cr.P.C. remains pending and shall be decided after the evidence of both parties.obiter¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Om Prakash Tripathi, J.), Application U/S 482 No. 13639 of 2022, decided 10.8.2022 - Saurabh Tomar v. State of U.P. and Another. The applicant sought quashing under Section 482 Cr.P.C. of the interim maintenance order dated 22.04.2022 passed by the Additional Principal Judge/Family Court, Gautam Buddh Nagar in Case No. 294/2020 under Section 125 Cr.P.C. (Deepika Chaudhary Vs. Saurabh Tomar), by which he was directed to pay Rs.9,000/- per month as interim maintenance to opposite party no. 2. Counsel for the applicant contended that the applicant was pursuing B.A. as a private student with no means of income, that his parents were dependent upon him, that the trial court assessed his income on surmises and conjectures without solid evidence, and that mediation proceedings had commenced before the High Court. The Court noted that the main maintenance proceeding remained pending and was to be decided after evidence of both parties. Disposing of the application, the Court directed the applicant to pay Rs. 7,000/- per month to opposite party no. 2 as interim maintenance.

Saurabh Tomar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Saurabh Tomar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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