Allowed

Shaddam Husain v. State of U.P. and Another

Allahabad HC2 Jan 2023A482/7676/2022

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What is this about?

This court disposed of a Section 482 Cr.P.C. application challenging a maintenance award under Section 125 Cr.P.C. It upheld the lower court's findings, dismissed the plea of excessiveness, and directed conditional payment within a month to avoid coercive action.

What did the court decide?

Directed applicant to pay half the accrued maintenance amount within one month; no coercive action to be taken unless breached.

Shaddam Husain Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 7676 of 2022 Applicant :- Shaddam Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari 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 A.G.A. for the State and perused the record.

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The present application has been preferred against the judgment and order dated 14.04.2021 passed by Additional Principal Court/ Family Court, Budaun in Case No.6020 of 2018 (Smt. Najis Vs. Shaddam Husain), under Section 125 Cr.P.C. by which an award of maintenance in the tune of Rs.3,000/- per month to opposite party no.2 per month, has been passed.

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Learned counsel for the applicant submits that the impugned judgement and order was passed without appreciating the evidence and not recording any satisfactory reasons regarding the income of the applicant. It is also submitted that opposite party no.2 is a very rude and rigid lady and she made a pressure upon the applicant to leave his old parents and when the applicant denied to do so, then being annoyed she used to go to her maternal house and made a pressure to live with any other place after leaving his old parents.

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Perusal of the record shows that the marriage between the parties is not disputed. The record also reflects that no any arrangement for maintenance was ever made by revisionist. Learned court below has taken much pain in analyzing the evidence adduced before him. Hence, the finding recorded by the learned trial court has no infirmity or illegality and the maintenance awarded by the court below cannot be considered as excessive taking into account the sky touching prices of the essential commodities.

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In view of above, the applicant is directed to pay half of the amount accruing from the date of application till today within one month and thereafter rest of the amounts shall be paid to opposite party no.2 in six equal installments. If he does so, no coercive action shall be taken against the applicant.

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However, if any breach is made then opposite party no. 2 shall be at liberty to get the amount of maintenance recovered in accordance with law.

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With the above observations, this 482 petition is disposed of.

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Order Date :- 2.1.2023 Shahroz

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

Shaddam Husain v. State of U.P. and Another

Case brief

What is this about?

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Shaddam Husain v. State of U.P. and Another

Case brief

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