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

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

What the court decided

AI extract

Outcome

Application disposed of with a time-bound payment schedule: Rs. 20,000/- to the wife before 2.3.2023, balance of pending maintenance within 30 days thereafter, and regular maintenance as per the order dated 7.9.2021; no coercive measures if the timeline is honoured, failing which the court concerned and police authorities to proceed with recovery in accordance with law, under the court's monitoring.

Issue for consideration

Whether the entire proceedings of Case No. 57 of 2021 (Rajana Devi Vs. Rajendra Kumar) under Section 128 Cr.P.C. pending before the Principal Judge, Family Court, Kaushambi, and the non-bailable warrant dated 24.3.2022, should be quashed. +1 more

Ratio / Principle

The applicant is directed to pay the wife a sum of Rs. 20,000/- before 2.3.2023, to pay the remaining amount of pending maintenance within 30 days thereafter, and thereafter to regularly pay maintenance as directed by the order dated 7.9.2021 to opposite party nos. 2 and 3 without fail.

Key takeaways

If the applicant honours the payment timeline, no coercive measures shall be taken against him; in default, the court concerned and the police authorities are directed to proceed with recovery of the amount in accordance with law without fail.ratio¶¶11
The court concerned shall monitor the recovery of the amount so that the wife gets the maintenance within time.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) disposed of an application under Section 482 Cr.P.C. filed by Rajendra Kumar seeking quashing of recovery proceedings under Section 128 Cr.P.C. (Case No. 57 of 2021, Rajana Devi Vs. Rajendra Kumar) before the Principal Judge, Family Court, Kaushambi, and a non-bailable warrant dated 24.3.2022, arising from an ex parte maintenance order dated 7.9.2021 under Section 125 Cr.P.C. The applicant was directed to pay Rs. 20,000/- to the wife before 2.3.2023, the remaining pending maintenance within 30 days thereafter, and regular maintenance as per the order dated 7.9.2021 to opposite party nos. 2 and 3. On compliance, no coercive measures were to be taken; in default, the court concerned and police authorities were to proceed with recovery in accordance with law, with the court concerned monitoring the recovery so that the wife receives maintenance within time.

Court No. - 51

Case :- APPLICATION U/S 482 No. - 5430 of 2023

Applicant :- Rajendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Faiz Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Vikram D. Chauhan,J.

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

This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceedings of Case No.57 of 2021 (Rajana Devi Vs. Rajendra Kumar) under Section 128 Cr.P.C. P.S. Puramufti, District Kaushambi pending in the court of Principal Judge, Family Court, Kaushambi as well as non bailable warrant dated 24.3.2022.

Learned counsel for the applicant submits that in the present case proceeding under Section 128 Cr.P.C. is under challenge. He submits that the ex parte order under Section 125 Cr.P.c. was passed on 7.9.2021 against the applicant. It is submitted that the applicant has no objection to the order dated 7.9.2021 passed by the court below, however, he submits that since now the recovery proceedings have been initiated, some time may be granted to deposit the amount.

On a pointed query being made to learned counsel for the applicant as to the date when the ex parte order is came to the knowledge of applicant, learned counsel for the applicant submits that the ex parte order of maintenance is dated 7.9.2021 and the same has been issued on 7.9.2021.

Learned counsel for the applicant submits that applicant will pay a sum of Rs.20,000/- before 2.3.2023 to the wife. He submits that remaining amount of pending maintenance will be paid within one month next. He further submits that regularly maintenance shall be paid by the applicant as per the order dated 7.9.2021 on the date fixed thereafter without fail.

Learned AGA submits that he would have no objection in case the wife is paid maintenance as per the order of the court below.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, it is hereby provided that the applicant shall pay to the wife a sum of Rs.20,000/- before 2.3.2023. The remaining amount of pending maintenance shall be paid within 30 days thereafter. It is also provided that the applicant shall thereafter regularly pay the maintenance as directed by order dated 7.9.2021 to the opposite party nos.2 and 3 without fail. In case, the aforesaid time line for payment of the amount is honoured by the applicant, no coercive measures shall be taken against the applicant. In default, the court concerned and the police authorites are directed to proceed with the recovery of the amount in accordance with law without fail. The court concerned shall monitor the recovery of the amount so that wife gets the maintenance within time.

With the aforesaid observation/direction, the application under Section 482 Cr.P.C. is disposed of.

Order Date :- 20.2.2023 D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad