Disposed

Ishwar Chandra Vidya Sagar v. State of U.P. and Another

Allahabad HC14 Sept 2022CRLR/2282/2022

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision challenging an interim maintenance order. It directed the revisionist to deposit Rs. 20,000 towards arrears and pay future maintenance, referring to a Supreme Court judgment. Failure to comply would vacate protection and allow coercive action.

What did the court decide?

Revisionist directed to deposit Rs. 20,000 towards arrears and pay maintenance from October 2022. Pending application to be disposed within three months.

Ishwar Chandra Vidya Sagar Vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 87

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Case :- CRIMINAL REVISION No. - 2282 of 2022

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Revisionist :- Ishwar Chandra Vidya Sagar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rajesh Kumar Chitragupt Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the revisionist, learned A.G.A. and perused the record.

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The present revision has been filed for setting aside the order dated 28.04.2022 passed by learned Family Court, Siddharth Nagar in Misc. Criminal Case No. 267 of 2019 (Smt. Radha Yadav Vs. Ishwar Chand Vidyasagar) under Section 125 Cr.P.C. Police Station Gaulhaura, District Siddharth Nagar whereby revisionist has been directed to pay interim maintenance of Rs. 5000/- per month to the opposite party no.2.

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Learned counsel for the revisionist submits that interim maintenance of Rs. 5,000/- per month has been awarded from the date of order without considering the income of the revisionist and thus the same is illegal and is liable to be quashed by this Court.

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Learned A.G.A. for the State has opposed the prayer and states that that the revisionist has neither paid any arrears of interim maintenance amount nor is paying the monthly maintenance amount, as has been ordered by the Court below.

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Learned counsel for the revisionist further submits that the revisionist is ready to pay Rs.20,000/- towards the due/arrears of amount and he also agrees that the revisionist is ready to pay monthly maintenance amount to opposite party as awarded, provided some relaxation may be granted.

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Considering the same, revisionist is directed to deposit Rs. 20,000/- within a month from today. Apart from the aforesaid, the applicant shall also pay monthly maintenance as awarded by the Court below, starting from October, 2022.

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The amount so deposited by the revisionist shall be paid over to the opposite party no.2 after due verification.

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In case, the revisionist deposited the aforesaid amount within the aforesaid period, no coercive action shall be taken against

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him and the Court below is directed to consider and decide the Misc. Criminal Case No. 267 of 2019 (Smt. Radha Yadav Vs. Ishwar Chand Vidyasagar) under Section 125 Cr.P.C. Police Station Gaulhaura, District Siddharth Nagar, as expeditiously as possible, in accordance with law after hearing the parties, in the light Judgement of Hon'ble Apex Court rendered in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324 preferably within a period of three months from the date of production of a certified copy of this order before it.

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However, in case, the revisionist fails to deposit the aforesaid amount within a month from today or fails to deposit monthly interim maintenance amount as stated above, the protection granted by this Court shall automatically stands vacated and the Court below will be at liberty to proceed against the revisionist in accordance with law.

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It is made clear that the amount deposited by the applicant shall be adjusted in the final outcome of the application under Section 125 Cr.P.C.

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Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.

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With the aforesaid directions, the instant revision stands disposed.

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Order Date :- 14.9.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.09.19 17:34:26 IST Reason: Location: High Court of Judicature at Allahabad

Ishwar Chandra Vidya Sagar v. State of U.P. and Another

Case brief

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Ishwar Chandra Vidya Sagar v. State of U.P. and Another

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