Mohit Tiwari Vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2024)

Mohit Tiwari Vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Revision disposed of: arrears of maintenance to be paid in installments (25% within 30 days, balance in three installments at three-month intervals), monthly maintenance to continue, recovery stayed subject to compliance, with default forfeiting the benefit of the order.

Issue for consideration

Whether the judgment and order dated 18.11.2023 passed by the Principal Judge, Family Court, Sultanpur under Section 125 Cr.P.C. directing payment of maintenance suffered from any illegality warranting interference in this revision. +1 more

Court's answer

The impugned judgment was passed after taking into consideration all relevant facts, circumstances and evidence led by the parties; counsel for the revisionist could not point out any illegality in the order, hence no interference with the maintenance direction was called for.

Ratio / Principle

On the revisionist's confined prayer, the Court permitted the arrears of maintenance to be paid in installments: 25% of the arrears within 30 days, and the balance in three more installments payable after three months each from the payment of the first installment, while the revisionist continues to pay the monthly maintenance to his wife and daughter.

Key takeaways

Recovery of the amount from the revisionist shall remain stayed, subject to compliance with the installment directions.ratio¶¶11
In case of default in payment of any installment, the revisionist will not be entitled to the benefit of this order.ratio¶¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Subhash Vidyarthi, J.) disposed of Criminal Revision No. 131 of 2024, filed under Section 19(4) of the Family Courts Act, 1984 by Mohit Tiwari against the judgment and order dated 18.11.2023 of the Principal Judge, Family Court, Sultanpur in Criminal Misc. Case No. 493/2019 (S.125 Cr.P.C.), whereby he was directed to pay Rs. 3,000/- per month to his wife (opposite party no. 2) and Rs. 2,000/- per month to his daughter (opposite party no. 3) as maintenance. Finding that the impugned judgment was passed on consideration of all relevant facts and evidence and that no illegality could be pointed out, and noting that counsel for the revisionist confined his prayer to a request for payment of arrears in installments owing to lack of financial resources, the Court directed payment of 25% of the arrears within 30 days and the balance in three further installments payable at three-month intervals, continued the monthly maintenance payments, stayed recovery subject to these conditions, and held that default in any installment would forfeit the benefit of the order. Neutral Citation: 2024:AHC-LKO:15085; Order Date: 20.2.2024.

Neutral Citation No. - 2024:AHC-LKO:15085

Court No. - 27

Case :- CRIMINAL REVISION No. - 131 of 2024

Revisionist :- Mohit Tiwari

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Revisionist :- Matri Datt Tripathi,Shresth Agarwal Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Matri Datt Tripathi, the leaned counsel for the revisionist, Sri Rakesh Kumar Singh, the learned AGA for the State and perused the record.

The instant revision has been filed under Section 19(4) of Family Courts Act, 1984 against the judgment and order dated 18.11.2023 passed by the Principal Judge, Family Court, Sultanpur in Criminal Misc. Case No. 493/2019, under Section 125 Cr.P.C., whereby the revisionist has been directed to pay Rs. 3,000/- per month to his wife-opposite party no. 2 and Rs. 2,000/- per month to his daughter-opposite party no. 3 as maintenance.

The impugned judgment has been passed after taking into consideration all the relevant facts and circumstances of the case and evidence led by the parties and the learned counsel for the revisionist could not point out any illegality in the order.

The learned counsel for the revisionist confines his prayer by stating that the revisionist be granted facility of depositing the arrears of maintenance in installments as he is unable to deposit the entire amount because of lack of financial resources.

Accordingly, it is provided that the revisionist will pay 25% of the amount of arrears within a period of 30 days from today and the balance amount will be paid in three more installments payable after three months each since the payment of first installment. The revisionist will continue to make payment of monthly amount of maintenance to his wife and daughter. The recovery of amount from the revisionist shall remain stayed subject to the above condition.

In case of default of payment of any installment, the revisionist will not be entitled to the benefit of this order.

With the aforesaid observations/ directions, the revision stands disposed of .

Order Date :- 20.2.2024 Pradeep/-

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