Disposed

Mohd. Sabir v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Allahabad HC2 Aug 2023/854/2023

Case brief

AI extract

What is this about?

This criminal revision challenged a family court's maintenance order. The revisionist did not press merits but sought adjustment of interim maintenance paid towards the total dues. The trial court was directed to make this adjustment while disposing of the maintenance application under Section 128 CrPC.

What did the court decide?

Trial court directed to adjust the interim maintenance paid by the revisionist towards the total payment due while disposing of the application under Section 128 CrPC.

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

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Neutral Citation No. - 2023:AHC-LKO:50775

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Court No. - 29

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Case :- CRIMINAL REVISION No. - 854 of 2023

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Revisionist :- Mohd. Sabir

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Revisionist :- Avadhesh Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Renu Agarwal,J.

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

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The instant revision U/s 19(4) of the Family Courts Act, 1984 has been filed against the impugned judgement and order dated 25.5.2023 passed by the learned Additional Principal Judge, Family Court, Barabanki in Criminal Case No. 205 of 2019, U/s 125 CrPC by which the maintenance of Rs. 3,000/- has been awarded to the opposite party no.2 and Rs. 2,000/- has been awarded to the opposite party no.3 from the date of passing of order and Rs. 1,000/- has been awarded to the opposite party no.3 and Rs. 1,500/- has been awarded to opposite party no.2 from the date of application to the date of order.

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Learned counsel for the revisionist submitted that the opposite party no.2 has sufficient source of income and she is able to maintain herself as well as her daughter. The revisionist has income of Rs. 5,000/- per month and thus, he is not able to pay interim maintenance to the opposite parties. Hence, it is prayed to set aside the impugned order dated 25.5.2023 passed by the family court concerned.

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During the arguments, learned counsel for the revisionist submitted that he does not want to press the revision on merits and he has confined his prayer to the extent that earlier he was paying interim maintenance of Rs. 4,000/- to his wife i.e. opposite party no.2 as per order of the family court dated 21.12.2021. But now the family court by order dated 25.5.2023 allowed the application of the opposite party no.2 moved U/s 125 CrPC and the revisionist was directed to pay interim maintenance from the date of application. Therefore, he prays that the amount so paid by him may be adjusted towards due against him.

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Learned AGA has no objection to the submissions aforesaid.

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Considering the fact that as per Annexure-3 by an order dated 21.12.2021, revisionist was directed to pay Rs. 4,000/- per month up to the date of each month. Learned counsel for the revisionist stated that he was paying interim maintenance to the opposite party.

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Accordingly, the trial court is directed to adjust the amount so paid by him towards total payment due against the revisionist while disposing of the application U/s 128 CrPC.

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In view of the above, the instant revision is finally disposed of.

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Order Date :- 2.8.2023 Shravan

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

Mohd. Sabir v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd. Sabir v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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