Disposed

Ashu Dubey and 2 Others v. State of U.P. and Another

Allahabad HC26 Apr 2023A482/6070/2023

Case brief

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What is this about?

In Criminal Misc. Application 6070/2023, the High Court disposed of the petition without merits, remanding the pending adjustment of maintenance amounts paid under Section 13 Hindu Marriage Act and Section 125 Cr.P.C. to the lower court.

What did the court decide?

Direction to the lower court to decide the pending application for adjustment of maintenance amounts by a reasoned order within 15 days.

Ashu Dubey and 2 Others Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 68 Case :- APPLICATION U/S 482 No. - 6070 of 2023 Applicant :- Ashu Dubey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parbind Kumar Tiwari Counsel for Opposite Party :- G.A.,B.N.Singh,Manish Kumar Singh

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Parbind Kumar Tiwari, learned counsel for the applicants and learned AGA for the State.

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The present Application u/s 482 has been preferred to quash the recovery warrant, order dated 03.02.2023 as well as the consequential effect and operation of the proceedings of Case No.2122 of 2021 (Priti Dubey vs. Ashu Dubey and others), under Section 12 of the protection of Women from Domestic Violence Act.

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Learned counsel for the applicants submits that as the applicant is paying certain amount under Section 13 of Hindu Marriage Act and also Rs.4,000/- towards interim maintenance under Section 125 Cr.P.C., therefore, the amount to be paid under the proceedings of the Domestic Violence Act, may be adjusted.

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On the other hand, learned counsel for the opposite party no.2 submits that challenging the order passed under the Domestic Violence Act, initially, an appeal was filed, which was withdrawn and then recall application was filed, which has also been rejected. Thereafter, the applicant has filed an appeal challenging the order passed in Domestic Violence Act therein an application has been moved requesting for adjustment of the amount, which has already been paid by the applicant in the proceedings under Section 125 Cr.P.C. The aforesaid application is still pending. Therefore, the present application cannot be entertained.

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Considering the facts and circumstances of the case and without going into the merits of the case, the present application is disposed of with a direction to the court below to decide the application of the applicant, so pending, for adjustment of the amount, in accordance with law, by means of a reasoned and speaking order, preferably, within a period of 15 days from today, if there is no other legal impediment.

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Order Date :- 26.4.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Ashu Dubey and 2 Others v. State of U.P. and Another

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Ashu Dubey and 2 Others v. State of U.P. and Another

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