Disposed

Mukesh Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC9 Jul 2024/771/2024

Case brief

AI extract

What is this about?

The high court disposed of a criminal revision challenging an order granting maintenance. The court allowed payment of arrears over three months, stayed the recovery warrant pending compliance, and dismissed the revision without issuing notice to the State. Order date: 9.7.2024.

What did the court decide?

Stayed recovery warrant if Rs 33,000 paid in three monthly instalments; otherwise, no stay. Revision disposed without notice.

Mukesh Kumar Gautam Vs State of U.P. Thru. Prin… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46601

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Court No. - 11

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Case :- CRIMINAL REVISION No. - 771 of 2024 Revisionist :- Mukesh Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Revisionist :- Vijay Bahadur Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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Heard.

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Under challenge is the order dated 30.03.2024 passed by the learned Additional Principal Judge, Family Court No. 1, Lucknow in Criminal Misc Case No. 1185 of 2022 in re: Smt Kalpana Gautam vs Mukesh Kumar Gautam under Section 125 Cr.P.C. Police Station Chinhat, District Lucknow whereby maintenance of Rs 1500 per month has been directed to be paid to the respondent no. 2 / wife with effect from the date of filing of the case.

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As the revisionist failed to comply with the said order, recovery warrant has been issued by the learned court vide order dated 06.06.2024, a copy of which is annexure 2 to the revision.

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Learned counsel for the revisionist states that an amount of approximately Rs 33000/- is due against the revisionist and he wants to pay the same provided he is granted some suitable time.

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Considering the aforesaid prayer as made on behalf of the revisionist, it is provided that the aforesaid amount of Rs 33000 would be paid by the revisionist to the respondent no. 2 / wife within three months at the rate of Rs 11000 per month starting from 15th of every month the first instalment being paid on 15.07.2024 and likewise on the 15th of every consecutive month.

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Needless to mention that the revisionist shall pay the maintenance amount every month as has been awarded by the learned court below vide order dated 30.03.2024.

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Subject to aforesaid amount being deposited recovery warrant issued against the revisionist shall remain stayed.

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However in case on any default on the part of the revisionist benefit of this order would not be available to him.

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The criminal revision is disposed of .

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As this Court has not interfered with the order of the court below as such the Court has not issued notice to the respondent no.2.

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Order Date :- 9.7.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Mukesh Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Mukesh Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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