Partly allowed

Abdul Wahid v. State of U.P. and 3 Others

Allahabad HC12 Sept 2022CRLRD/559/2022

Case brief

AI extract

What is this about?

Court condoned delay in revision regarding Section 125 Cr.P.C. maintenance order. Petitioner must deposit INR 20,000 arrears and pay future maintenance within a month. Court refers to Supreme Court guidelines for expedited final trial.

What did the court decide?

Delay condoned. Directed to deposit INR 20,000 and pay monthly maintenance; restored disposal of original case conditionally.

Abdul Wahid Vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 87

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Case :- CRIMINAL REVISION DEFECTIVE No. - 559 of 2022

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Revisionist :- Abdul Wahid Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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ORDER ON DELAY CONDONATION APPLICATION NO.1 OF 2022

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Heard learned counsel for the parties.

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For the reasons stated in the affidavit accompanying the delay condonation application, cause shown is sufficient.

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Delay in filing the revision is condoned.

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The delay condonation application is accordingly, disposed of.

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ORDER ON MEMO OF REVISION

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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 09.05.2022 passed by learned Principal Judge, Family Court, Siddharth Nagar in Criminal Case No. 16 of 2021 (Smt. Shabina Khatoon Vs. Abdul Wahid), under Section 125 Cr.P.C. whereby the revisionist has been directed to pay interim maintenance of Rs. 4000/- per month to the opposite party no.2 and Rs. 3000/- each to the minor children from the date of order.

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Learned counsel for the revisionist submits that interim maintenance of Rs. 10,000/- per month has been awarded from the date of order without considering the income of the applicant and thereafter recovery warrant has also been issued against the revisionist and thus the same are 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 him and the Court below is directed to consider and decide the Criminal Case No. 16 of 2021 (Smt. Shabina Khatoon Vs. Abdul Wahid), under Section 125 Cr.P.C., 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 two 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 application stands disposed.

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Order Date :- 12.9.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.09.14 17:48:07 IST Reason: Location: High Court of Judicature at Allahabad

Abdul Wahid v. State of U.P. and 3 Others

Case brief

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Abdul Wahid v. State of U.P. and 3 Others

Case brief

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