Partly allowed

Vinod Raikwar v. State of U.P. and Another

Allahabad HC30 Mar 2022CRLR/256/2022

Case brief

AI extract

What is this about?

This case involves a criminal revision against an ex-parte order fixing maintenance at Rs.8000/month. The revisionist did not contest merits but undertook to comply with the order if maintenance was reduced due to poor financial condition. The High Court confirmed the order modifying the amount to Rs.6000/month.

What did the court decide?

Ex-parte order confirmed with modification to pay Rs.6000/month from the date of filing; arrears payable by 15th May, 2022.

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

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Court No. - 65

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Case :- CRIMINAL REVISION No. - 256 of 2022

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Revisionist :- Vinod Raikwar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mahesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the revisionist and learned A.G.A. Perused the record.

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By means of the present revision the revisionist is assailing the ex-parte order dated 01.11.2021 passed by learned Additional Principal Judge, Family Court, Jhansi in Petition No.537 of 2020 (Smt. Vineeta Raikwar vs. Vinod Raikwar), u/s 125 Cr.P.C., P.S.-Sipari Bazar, District Jhansi, whereby the revisionist has been directed to pay Rs.8000/- to opposite party no.2 per month as maintenance from the date of filing of application.

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While putting a question to learned counsel for the revisionist as to whether he wants to contest the case on merits or not, learned counsel for the revisionist candidly replied that the revisionist does not want to contest the case on merits. Learned counsel for the revisionists undertakes on behalf of the revisionists that he would abide by the directions passed by the learned Additional Principal Judge, Family Court, Jhansi dated 01.11.2021, provided the amount of maintenance may be reduced taking into account the poor financial condition of the revisionist.

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Under the circumstances, order dated 01.11.2021 passed by learned Additional Principal Judge, Family Court, Jhansi is made absolute and confirmed with the modification that, the revisionist shall pay Rs.6000/- per month from the date of filing of application u/s 125 Cr.P.C. and the arrears of amount from the date of application u/s 125 Cr.P.C. up to the order dated 01.11.2021 shall be payable by the revisionist by 15th May, 2022 before the court concerned, who shall disburse the same in favour of opposite party no.2 within a week thereafter and from the date of order i.e. 01.11.2021 he would pay Rs.6000/- per month regularly in the first fortnight of every successive months before the court concerned, who shall disburse the amount within a week thereafter in favour of opposite

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party no.2.

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With the above observation the revision is disposed off.

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Order Date :- 30.3.2022

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M. Kumar

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Digitally signed by MANISH KUMAR Date: 2022.04.02 12:51:51 IST Reason: Location: High Court of Judicature at Allahabad

Vinod Raikwar v. State of U.P. and Another

Case brief

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Vinod Raikwar v. State of U.P. and Another

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