The Allahabad High Court dismissed the criminal revision challenging a Family Court order. The lower court issued a warrant for arrears of maintenance admittedly due to the revisionist. The High Court found no error in the order.
The revision was dismissed and the impugned order maintaining the warrant was upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:62805
Court No. - 11
Case :- CRIMINAL REVISION No. - 1108 of 2024
Revisionist :- Arvind Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Revisionist :- Kunwar Shankar Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard.
Under challenge is the order dated 08.08.2024 passed by learned Additional Principal Judge-II, Family Court, Unnao, in Case No.119 of 2015 in re: Sushila Devi vs. Arvind Kumar, whereby upon an application filed under Section 125(3) Cr.P.C. which pertains to an arrears of Rs.1,52,800/- due towards the revisionist for non-compliance of the order passed by the Family Court, a warrant has been issued against the revisionist.
Learned counsel for the revisionist though is unable to indicate the exact amount which is due against the revisionist states that certain amount is still to be paid by the revisionist.
Learned court while passing the order impugned has specifically recorded that the matter has been pending since the year 2015 and is amongst 100 oldest cases pending before the court concerned.
Once an amount is admittedly due to be paid by the revisionist consequently this Court does not find any error in the order impugned. Accordingly, the revision is dismissed.
Order Date :- 11.9.2024 A. Katiyar
Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the impugned order issuing a warrant for arrears of maintenance due to the revisionist needs to be set aside.
Whether the delay in pending the matter justifies quashing the warrant issued for non-compliance.
1 provisions across 1 enactments
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
