Disposed

Arvind v. State of U.P. and Another

Allahabad HC15 Feb 2022A482/28115/2021

Case brief

AI extract

What is this about?

The Court considered an application under Section 482 Cr.P.C. seeking to quash recovery warrants issued for maintenance arrears. It held that if the applicant deposits a lump sum of Rs. 50,000 and pays the balance in monthly instalments of Rs. 30,000, the recovery warrants shall be stayed; otherwise, the stay is automatically vacated.

What did the court decide?

Stay on recovery warrants granted conditional on deposit of Rs. 50,000 and payment of arrears in monthly instalments of Rs. 30,000.

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

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Court No. - 34

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Case :- APPLICATION U/S 482 No. - 28115 of 2021

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Applicant :- Arvind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey,Ram Raj Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant.

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This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned orders dated 11.09.2019 and order dated 16.08.2021 passed by the Additional Principal Judge Family Court No.1, Bareilly in Case No.1618 of 2019 (Smt. Anjali Vs. Arvind) under Section 125 (3) Cr.P.C. arising out of Case No.506 of 2018, under Section 125 Cr.P.C., Police Station Subhash Nagar, District Bareilly.

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Vide order dated 11.09.2019 the application under section 125 Cr.P.C. of opposite party no.2 has been decided by the Additional Principal Judge Family Court No.1, Bareilly and he has allowed the maintenance of Rs. 3,000/- per month from the date of application and vide order dated 16.08.2021 the recovery warrants for the due amount has been issued.

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At the outset, learned counsel for the applicant prays for the payment in instalments regarding due amount.

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The application of the opposite party no.2 under Section 125(3) Cr.P.C. appended at page-'25' of the paper book is before the Court wherein from 11.05.2018 till 11.09.2019 the amount of Rs. 48,000/- is shown to be due. If it is calculated, the amount must be more than Rs.1 lakh till today.

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In view of the above, the Application is decided in terms that if the applicant deposits an amount of Rs. 50,000/- within one month from today in the court concerned and pays the rest amount in the instalments of Rs.30,000/- per month each till the backlog is cleared, the recovery warrants issued against him shall remain stayed.

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The applicant is directed to deposit the first instalment of amount in the lower court on or before 14.03.2022. If this amount is not deposited within time the stay granted above shall stand vacated automatically.

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The Application under Section 482 Cr.P.C. is disposed of, accordingly.

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Order Date :- 15.2.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.02.16 10:15:24 IST Reason: Location: High Court of Judicature at Allahabad

Arvind v. State of U.P. and Another

Case brief

What is this about?

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Arvind v. State of U.P. and Another

Case brief

What is this about?

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