Partly allowed

Divya Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC2 Sept 2024/1009/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision challenging an interim maintenance order. The court held that since the trial order did not address the petitioners claim for maintenance for her minor daughter, the matter was remitted to the trial court to decide the daughters claim within six weeks after hearing parties.

What did the court decide?

The instant revision is disposed of leaving it open to the revisionist to file an application for maintenance for her minor daughter; the trial court shall pass an order within six weeks.

Divya Tiwari and Another Vs State of U.P. Thru… — Maintenance and Alimony | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:60214

¶2

Court No. - 11

¶3

Case :- CRIMINAL REVISION No. - 1009 of 2024

¶4

Revisionist :- Divya Tiwari And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Dheerendra Kr. Agnihotri Counsel for Opposite Party :- G.A.

¶5

Hon'ble Abdul Moin,J.

¶6

Heard learned counsel for the revisionist and learned AGA appearing on behalf of the State.

¶7

No notice need be issued to the respondent no. 2 taking into consideration the nature of order proposed to be passed.

¶8

Instant criminal revision under Section 19 (4) of the Family Court Act has been filed against the order dated 10.07.2024 passed by the learned Additional Principal Judge, Family Court, Room No.3, Lucknow in Criminal Case No. 512 of 2023 Inre; Divya Tiwari and anr Vs. Saumitra Tiwari whereby the learned trial Court has granted an interim maintenance.

¶9

Contention of learned counsel for the revisionist is that the revisionist had filed an application under Section 125 Cr.P.C, a copy of which is annexure 1 to the revision praying for maintenance of the revisionist as well as her minor daughter.

¶10

Argument is that the learned trial Court though has passed the order impugned dated 10.07.2024 and has granted a maintenance of Rs. 10,000/but from a perusal of the order impugned it does not emerge that any maintenance has either been granted or refused in favour of the revisionist's minor daughter and hence the revision.

¶11

Considering that the application for maintenance had been filed praying for grant of maintenance to the revisionist as well as her minor daughter as emerges from a perusal of the application filed under Section 125 Cr.P.C and the learned trial Court vide order impugned prima facie appears to have only granted maintenance to the revisionist and also did not indicate as to whether the revisionist's minor daughter would be entitled for any maintenance consequently, the instant revision is disposed of leaving it open to the revisionist to file an application in this regard to the learned trial Court who shall proceed to pass an order in this regard which order would be passed within a period of six weeks from the date of receipt of a certified copy of this order in accordance with law after hearing all the parties concerned provided there is no legal impediment.

¶12

Order Date :- 2.9.2024 of Pachhere/-

¶13

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench

Divya Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

Divya Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ishaq Khan Vs State of U.P. Thru. Addil. Chief Secy. Home Deptt. Lko. and Another

Ram Kumar Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Dinesh Chandra Verma Vs the State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. of Home, Govt. Lko. and Another

Madhuri vs State of U.P. Thru. Prin. Secy. Home and Ors.

Satyapal Awasthi vs Aryavart Bank A-2/46 Thru. General Manager /Competent Authority and Another

Durgesh and 8 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Another