Dismissed

Dinesh Yadav v. State of U.P. and Another

Allahabad HC5 Jan 2023A482/24103/2022

Case brief

AI extract

What is this about?

Single Judge upheld the status quo regarding interim maintenance under Section 125 CrPC pending final adjudication in an application for further relief (under Section 482). The applicant, Dinesh Yadav, complained against the tentative application of Section 125 CrPC order dated 09.05.2022. The Court directed that the part of the order granting maintenance from the date of application till the orde

What did the court decide?

Stay on interim maintenance arrears granted from date of application to order date; continued payment of interim maintenance directed from 10.05.2022 onwards.

Dinesh Yadav Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 24103 of 2022

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Applicant :- Dinesh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record. None appeared from the side of opposite party no.2. In spite of service of notice.

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Even in the impugned order a question has been raised by the court concerned that it is yet to be proved as to whether opposite party no.2, Usha Devi is the legally wedded wife of the applicant or not. It is admitted by the court that the first wife of the applicant has died and another wife is living with him and from the wedlock, two children have born.

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It has become almost settled law that compensation under Section 125 CrPC would be granted at least from the date of application but it is the law in respect of final adjudication of the application under Section 125 CrPC. At present the order regarding payment of interim maintenance has been challenged by the petitioner. So far as the order regarding payment of interim maintenance is concerned, it could be passed even regarding payment from the date of order, hence it is directed that the order regarding payment of interim maintenance from the date of application to the date of order i.e. 09.05.2022 shall remain stayed.

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The petitioner shall pay the amount of interim maintenance regularly during the pendency of the application under Section 125 CrPC from 10.05.2022 on wards.

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With the aforesaid direction this application is disposed of finally.

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It is made clear that this order would not prevent the concerned court to pass an order regarding payment of maintenance under Section 125 CrPC from the date of application in case application under Section 125 CrPC is allowed on merit.

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Order Date :- 5.1.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

Dinesh Yadav v. State of U.P. and Another

Case brief

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Dinesh Yadav v. State of U.P. and Another

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