Disposed

Nisar Ahmad v. State of U.P. and 2 Others

Allahabad HC24 Jan 2023A482/37459/2022

Case brief

AI extract

What is this about?

In this Section 482 Cr.P.C. application, the High Court disposed of the matter by directing that if the applicant deposits Rs. 2,50,000, the learned court below must expedite a pending recall application for an ex-parte maintenance order, allow the deposit to be released, and stay further recovery proceedings pending such disposal.

What did the court decide?

Direction to lower court to expeditiously decide recall application upon deposit of Rs. 2,50,000; release of deposit and stay of further recovery pending suit, provided maintenance paid prospectively.

Nisar Ahmad Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 37459 of 2022

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Applicant :- Nisar Ahmad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed to quash the order dated 18.10.2022 in Execution Case No. 89 of 2017; Smt. Reshma Begum Vs. Nisar Ahmad; till the disposal of Case No. 05 of 2022, filed in Application under Section 126(2) Cr.P.C., pending in the Court of Principal Judge, Family Court, Kaushambi.

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Submission of the learned counsel for the applicant is, applicant has sought recall of the ex-parte order dated 22.8.2017 passed by learned Principal Judge, Family Court, Kaushambi in Case No. 415 of 2014. By that order, the learned court below awarded maintenance at the rate of Rs. 10,000/- per month to the opposite party nos. 2 and 3 from the date of that order.

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Against above ex-parte order, the applicant appears to have filed a recall application under Section 126(2) Cr.P.C. being Case No. 05 of 2022. The same is pending.

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During pendency of the said application, the applicant further appears to have deposited Rs. 1,00,000/- on 2.2.2022. In such circumstances, the applicant seeks a direction from this Court for expeditious of the recall application filed by him and for staying the recovery proceedings, in the meanwhile.

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Inasmuch as the applicant has a right to move an application for recall decided on its own merits, keeping in mind the fact of the entire recovery outstanding, application is disposed of with a direction, in case applicant deposits further amount of Rs. 2,50,000/- before the learned court below along with a copy of this order, within a period of three weeks from today, the learned court below may proceed to hear and decide the recall application expeditiously without allowing any undue or long adjournment to either of the parties.

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Subject to such amount being deposited, the same may be released to the opposite party no. 2 and the further recovery proceedings may be kept in abeyance during the pendency of the recall application, subject to the applicant continuing to pay the maintenance awarded for the period February, 2023 onwards and as and when it becomes due.

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Order Date :- 24.1.2023 SA

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Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad

Nisar Ahmad v. State of U.P. and 2 Others

Case brief

What is this about?

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Nisar Ahmad v. State of U.P. and 2 Others

Case brief

What is this about?

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