Disposed

Mahboob Khan v. State of U.P and 4 Others

Allahabad HC25 Jul 2023A482/39383/2022

Case brief

AI extract

What is this about?

This single-paragraph order disposed of an application under Section 482 Cr.P.C. filed to quash an interim maintenance order. Since the applicant did not press the matter on merits, the court directed the Family Court to decide the pending maintenance and criminal complaint applications within four months, conditional upon payment of arrears and interim maintenance.

What did the court decide?

Application disposed of. Family Court directed to decide pending applications within four months. Applicant directed to pay arrears and interim maintenance. Forensic Lab report directed.

Mahboob Khan Vs State of U.P and 4 Others — Maintenance and Alimony | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147931

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 39383 of 2022

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Applicant :- Mahboob Khan Opposite Party :- State Of U.P And 4 Others Counsel for Applicant :- Vishal Srivastava,Ashok Kumar Yadav,Sachchida Nand Ojha Counsel for Opposite Party :- G.A.,Shashi Kumar Dwivedi

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA and Sri Shashi Kumar Dwivedi, learned counsel for the opposite party no.2.

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The present application under section 482 Cr.P.C. has been filed for quashing the order dated 6.9.2022 passed by the Additional Principal Judge-Chaturth, Family Judge, Allahabad on the the application no.kha of Interim Maintenance in Case No. 1244 of 2018 (Rizwana Bano vs. Mahboob Khan), under Section 125 (Gha), Cr.P.C.

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Learned counsel for the applicant submitted at the bar that he is not pressing the relief as sought in this application on merits and submitted that direction may be issued to Family Court to decide the application filed under Section 125 Cr.P.C. alongwith 340 Cr.P.C. application after obtaining report from the Forensic Lab as directed by the Family Court dated 23.5.2023 expeditiously.

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Mr. Shashi Kumar Dwivedi, learned counsel for the opposite party no.2 though opposed, but submitted that applicant may be directed to pay interim maintenance as directed by the Family Court vide order dated 6.9.2022.

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Learned counsel for the applicant submitted that he is ready to pay the interim maintenance amount so awarded by the Family Court from the date of order i.e. 6.9.2022. So far as arrears are concerned, same shall be subject to the final disposal of aforesaid application for which Sri Shashi Kumar Dwivedi, learned counsel for the opposite party no.2 has no objection.

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Accordingly, the application is disposed of with direction to Family Court to decide the aforesaid application within a period of

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four months from the date of production of certified copy of this order subject to payment of complete arrears from the date of order dated 6.9.2022 within a period of three months. He is also directed to pay interim maintenance amount i.e. Rs.4,000/- on month to month basis on or before 7th day of every month.

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Learned Court is directed to send the copy of this order to Forensic Lab before where matter was referred for compliance of order of Court dated 23.5.2023. Concerned Forensic Lab is directed to provide the report at the earliest maximum within a period of six weeks from the date of production of certified copy of this order.

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Further, opposite party no.2 is directed to extend full cooperation and be present before Forensic Lab for collection of specimen of thump impression and signature as and when required.

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Order Date :- 25.7.2023 Junaid

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Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad

Mahboob Khan v. State of U.P and 4 Others

Case brief

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Mahboob Khan v. State of U.P and 4 Others

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