Dismissed

Surendra v. State of U.P. and 2 Others

Allahabad HC14 Sept 2022A482/23007/2022

Case brief

AI extract

What is this about?

An applicant challenged recovery warrants issued under Section 128 Cr.P.C. for non-compliance with a maintenance order under Section 125 Cr.P.C. The Court dismissed the application, finding no illegality in the warrant, while directing payment of arrears in installments.

What did the court decide?

Application dismissed; applicant directed to pay entire arrears to opposite parties in four equal installments.

Surendra Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 23007 of 2022

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Applicant :- Surendra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vijay Bahadur Patel Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri R.B. Verma, Advocate holding brief of Sri Vijay Bahadur Patel, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

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By way of present application, applicant made a prayer to quash the maintenance order dated 24.03.2021 passed by Additional Principal Judge-II, Family Court, Jaunpur in Case No. 256 of 2015, under Section 125 Cr.P.C. as well as quash the order dated 20.05.2022 passed by Additional Principal Judge Family Court-IV, Jaunpur in Case No. 1058 of 2021, under Section 128 Cr.P.C., Police Station Barsathi, District Jaunpur.

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Learned counsel for the applicant submitted that applicant is the husband of opposite party no.2 and on 24.03.2021 order under Section 125 Cr.P.C. was passed against him but he could not provide any maintenance allowance to opposite party nos.2 and 3 pursuant to the order dated 24.03.2021, therefore, recovery warrants have been issued against him on 20.05.2022. He next submitted that he is ready to pay the amount but in spite of that recovery warrants have been issued against him, therefore, order dated 20.05.2022 is illegal. He next submitted that in the instant application although order dated 24.03.2021 passed under Section 125 Cr.P.C. was also challenged but he is not pressing the instant application in respect of the order dated 24.03.2021.

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Per contra, learned AGA submitted that applicant is the husband of opposite party no.2 and he failed to provide maintenance allowance pursuant to the order dated 24.03.2021, therefore, recovery warrants have been issued against him and there is no illegality in the order dated 20.05.2022 and thus instant application is devoid of merits and is liable to be dismissed.

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I have heard both the parties and perused the record of the case.

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As applicant is not pressing the prayer in respect of order dated 24.03.2021 passed against him under Section 125 Cr.P.C., therefore, the prayer made against the order dated 24.03.2021 is

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refused as not pressed.

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Applicant is the husband of opposite party no.2 and order under Section 125 Cr.P.C. was passed against him on 24.03.2021 but he failed to comply the order dated 24.03.2021, therefore, opposite party no.2, the wife, had to initiate execution proceeding against him, therefore, court below issued recovery warrants against the applicant on 20.05.2022.

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I find no illegality in the order dated 20.05.2022, therefore, the instant application filed on behalf of the applicant is hereby dismissed .

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However, it is provided that the entire arrears amount accumulated till date may be given by the applicant to opposite party nos. 2 and 3 in four equal installments.

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Order Date :- 14.9.2022 AK Pandey

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Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.16 10:19:14 IST Reason: Location: High Court of Judicature at Allahabad

Surendra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Surendra v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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