Allowed

Dost Mohammad v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Allahabad HC18 Jul 2023/775/2023

Case brief

AI extract

What is this about?

The High Court allowed the application to reduce the case amount of Rs.70,000 awarded as maintenance cost, directing the revisionist to deposit the sum as maintenance instead, provided they oppose the original ex-parte order.

What did the court decide?

Deposit of Rs.70,000 towards maintenance instead of court cost; direction to oppose ex-parte order.

Dost Mohammad Vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:46757

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Court No. - 29

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Case :- CRIMINAL REVISION No. - 775 of 2023 Revisionist :- Dost Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, U.P. Lucknow And Another Counsel for Revisionist :- Rajeev Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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(Order on C.M. Application No. 1 of 2023)

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Heard learned counsel for the revisionist and learned AGA for the State and perused the record.

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This is an application for interim relief moved in Criminal Revision No.775 of 2023, with prayer that reduce the cast amount of Rs.70,000/- awarded by IIIrd Additional Principal Judge, Family Court, Sultanpur, vide impugned order dated 19.04.2023, in Criminal Misc. Case No.1174 of 2022(Dost Mohammad Vs. Km. Mariya" filed under Section 126 of Cr.P.C., Police Station Jamo, District Amethi and further prayed to stay the recovery warrant.

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It is submitted by learned counsel for the revisionist that revisionist is ready to keep her daughter Km. Mariya (opposite party no.2),who is presently residing with her maternal grandfather Sarfraj. He prays to set-aside the aforesaid order dated 19.04.2023.

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Learned AGA for the State opposite the prayer for interim relief and submitted that Rs.1,65,000/- has become due upon the revisionist as per the order of learned trial court, hence the order dated 19.04.2023 is liable to be upheld.

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I have heard the rival submissions of learned counsel for the parties and perused the record. The application under section 125 Cr.P.C. was filed by the opposite party no.2 against the revisionist claiming maintenance of Rs.8,000/- per months, which was registered as Criminal Misc. Case No.888 of 2016 (Mariya Vs. Dost Mohammad), which was partly allowed by

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the Principal Judge Family Court, Sultanpur vide its ex-parte order dated 24.09.2018 directing the revisionist to pay Rs.3,000/- per month to the applicant/opposite party no.2 from the date of order. When the order dated 24.09.2018 came to the knowledge of the revisionist he moved an application under section 126 Cr.P.C. for recalling the ex-parte order dated 24.09.2018, which was registered as Criminal Misc. Case No.1174 of 2022 (Dost Mohammad Vs. Km. Mariya). The application under section 126 Cr.P.C. was allowed by impugned order dated 19.04.2023 by 3rd Additional Principal Judge, Family Court, Sultanpur, at the cost of Rs.70,000/- with a condition that if the amount of cost will be deposited by the applicant/revisionist then the case filed under section 125 Cr.P.C. will be restored to its original number and matter was fixed for 22.05.2023. It transpires from the order dated 24.09.2018 that revisionist has solemnized his second marriage with Asiya Bano and they also have children from their wedlock. It also transpires that revisionist has not paid amount to the opposite party no.2 in compliance of the order dated 24.09.2018.

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In the aforesaid circumstances, the order of trial court is modified to the extent that revisionist shall deposit the sum of Rs.70,000/- towards maintenance of his wife, instead of cost. It is further directed that revisionist shall file his objection against ex-parte order dated 24.09.2018 passed by the trial court.

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With the aforesaid observation and direction the present application/criminal revision is disposed of finally.

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(Renu Agarwal,J.)

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Order Date :- 18.7.2023 VKG

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Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Dost Mohammad v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Case brief

What is this about?

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Dost Mohammad v. State of U.P. Thru. Prin. Secy. Deptt. of Home, U.P. Lucknow and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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