Partly allowed

Abhishek v. State of U.P. and Another

Allahabad HC7 Jul 2022A482/26477/2021

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad disposed of an application under Section 482 Cr.P.C. seeking to quash Family Court maintenance orders passed in the applicant absent. The court recalled the impugned orders, directed payment of costs, permitted filing of objection, and remanded the case for trial within two months.

What did the court decide?

Impugned orders recalling and remanding case for disposal within two months. Applicant directed to pay Rs. 10,000 to wife within fifteen days. Filing of written statement permitted within twenty days.

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

¶1

Court No. - 87 Case :- APPLICATION U/S 482 No. - 26477 of 2021

¶2

Applicant :- Abhishek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Agarwal,Saurabh Kumar Counsel for Opposite Party :- G.A.

¶3

Hon'ble Om Prakash Tripathi,J.

¶4

Heard Shri Sudhir Kumar Agarwal, learned counsel for applicant and learned A.G.A. for State.

¶5

This application under Section 482 Cr.P.C. has been filed to quash the orders dated 29.10.2021 & 14.09.2021 passed by Principal Judge, Family Court, Sonbhadra in Misc. Case No. 611/2019 ((Roopa Vs. Abhishek Kumar), under Section 125 Cr.P.C., P.S.- Ghorawal, District- Sonbhadra.

¶6

Perused the impugned order dated 29.10.2021, it appears that in spite of ample opportunity applicant has not filed any written statement as well as objection on interim maintenance. Applicant is lingering the case and has not paid any amount to his wife in spite of court order. From the perusal of order dated 14.09.2021, it appears that learned counsel for applicant was not heard and in absence of applicant Abhishek Kumar impugned order of maintenance has been passed.

¶7

The matter relates to matrimonial nature. The applicant has not paid any maintenance to his wife and hearing opportunity should be provided to the applicant.

¶8

This application under Section 482 Cr.P.C. is disposed of with a direction that impugned orders dated 14.09.2021 & 29.10.2021 are recalled at the cost of Rs. 10,000/-. The cost of Rs. 10,000/be paid by the applicant Abhishek Kumar to his wife Roopa opposite party no. 2 within fifteen days from the date of receipt of certified copy of this order. Applicant is permitted to file written statement/objection on interim maintenance within twenty days from today.

¶9

This amount of fine Rs. 10,000/- shall not be adjusted towards maintenance. Trial court shall dispose of application interim maintenance within a period of two months on merit after hearing both the parties.

¶10

Order Date :- 7.7.2022 Sharad/-

¶11

Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.08 09:27:14 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek v. State of U.P. and Another

Case brief

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Abhishek v. State of U.P. and Another

Case brief

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