Disposed

Anuj Kumar v. State of U.P. and Another

Allahabad HC25 Apr 2023A482/13588/2023

Case brief

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. by permitting the applicant to deposit outstanding maintenance arrears in three equal monthly installments before the Family Court and staying the execution of recovery warrants for three months, conditional on timely payment.

What did the court decide?

Permission to deposit outstanding maintenance arrears in three equal monthly installments before the Family Court; stay on recovery warrant execution for three months.

Anuj Kumar Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 13588 of 2023

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Applicant :- Anuj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed for quashing the order dated 21.1.2023 passed by Principal Judge, Family Court, Hapur in Misc. Case No.35 of 2020, arising out of Complaint Case No.301 of 2017 (Smt. Parul Vs. Anuj) under Section 125 Cr.P.C. pending in the court of Principal Judge, Family Court, Hapur.

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It is submitted by learned counsel for the applicant that the opposite party no.2 had filed an application under Section 125 Cr.P.C., claiming maintenance which was allowed by the Principal Judge, Family Court, Hapur vide order dated 2.1.2020 and the maintenance at the rate of Rs.4,000/- per month has been awarded from the date of application. It is further submitted that there was some default in payment of maintenance amount and the opposite party no.2 had moved applications for recovery of arrears which were registered as Misc. Case Nos.35 of 2020, 118 of 2020, 55 of 2022 and 203 of 2022 for recovery of Rs.1,12,2000, Rs.44,000/-, Rs.44,000/- and Rs.44,000/- respectively. It is submitted that the applicant has deposited Rs.1,12,000/- through cheque of Punjab National Bank which was received by opposite party no.2, which is evident from the certified copy of order dated 10.2.2023 appended as Annexure-3 to the affidavit filed in support of this application. Lastly, it is submitted that the applicant is ready and willing to pay the entire outstanding to the opposite party no.2 and prays for some reasonable time to deposit the same.

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Without considering the merits of the case, the present application U/s 482 Cr.P.C. is disposed of permitting the applicant to deposit the entire outstanding up-to-date, in three equal monthly installments before the Principal Judge, Family Court, Hapur.

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For the period of three months, the execution of recovery warrant issued against the applicant, shall remain stayed.

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It is made clear that in case of default in deposit the amount as indicated above, the interim protection granted to the applicant shall stand automatically vacated.

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Order Date :- 25.4.2023

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Digitally signed by :- Kpy KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Anuj Kumar v. State of U.P. and Another

Case brief

What is this about?

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Anuj Kumar v. State of U.P. and Another

Case brief

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