Allowed

Smt Prapti Tripathi v. Ravikesh Tripathi

Allahabad HC28 Nov 2024A227/12551/2024

Case brief

AI extract

What is this about?

The Allahabad High Court directed the Principal Judge of the Family Court, Siddharthnagar, to expeditiously recover maintenance arrears awarded under Section 125 Cr.P.C. The petition was admitted based on documentary evidence, and the process of issuing notices was dispensed with. The court ordered full cooperation from the Superintendent of Police to ensure recovery within three months.

What did the court decide?

Directed the Family Court to ensure recovery of maintenance within three months and the Superintendent of Police to render full cooperation.

Smt Prapti Tripathi vs Ravikesh Tripathi — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:187957

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Court No. - 85

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Case :- MATTERS UNDER ARTICLE 227 No. - 12551 of 2024

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Petitioner :- Smt Prapti Tripathi Respondent :- Ravikesh Tripathi Counsel for Petitioner :- Sonu Kumar Upadhyay

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Sonu Kumar Upadhyay, learned counsel for the petitioner and learned A.G.A. for the State.

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The instant petition has been preferred with confined prayer for seeking direction in favour of the petitioner by learned court of Principal Judge, Family Court, Siddharthnagar for expediting the proceeding pending in shape of recovery of amount which has already been extended in favour of the petitioner in shape of compensation under Section 125 Cr.P.C. wherein the interim compensation has already been extended to the tune of Rs.4,000/per month from the date of application and Rs.8,000-/ per month from the date of order towards maintenance but in spite of extending several opportunities for filing objection, no objection has been preferred at the behest of respondent no. 2 culminated into order dated 31.07.2023.

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From 31.07.2023 to till today not a single penny has been extended in favour of the petitioner in compliance to order dated 31.07.2023 and as such recover warrant has been issued for recovery against the respondent no. 2 vide order dated 07.02.2024.

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As per the learned counsel for the petitioner although the proceedings have been initiated but no substantial outcome has come up in shape of receiving amount as directed by the learned court of Principal Judge, Family Court, Siddharthnagar.

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Since the prayer as made by learned counsel for the petitioner is only on the basis of different order-sheets appended alongwith the petition available as Annexure No.3 and as such there is hardly any need of rebuttal of the same and as such the process of issuing notices to respondent no.2 is hereby dispensed with.

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Learned court of Principal Judge, Family Court, Siddharthnagar / concerned court is hereby directed to ensure

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compliance of its own order dated 31.07.2023 in strict manner as per the provision available in law, moreover, Superintendent of Police, Siddharthnagar, is hereby directed to render full cooperation to the court concerned for ensuing compliance of order dated 31.07.2023.

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The entire exercise shall be culminated into in shape of recovery of amount as directed by learned court concerned within a period of three months from the date of production of certified copy of this order.

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The instant petition stands allowed accordingly.

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Order Date :- 28.11.2024 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Smt Prapti Tripathi v. Ravikesh Tripathi

Case brief

What is this about?

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Smt Prapti Tripathi v. Ravikesh Tripathi

Case brief

What is this about?

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