Dismissed

Narendra Kumar v. State of U.P. and 3 Others

Allahabad HC20 Sept 2024A482/12329/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court declined to reduce interim maintenance but directed the Family Court to decide the Section 125 Cr.P.C. application within three months, ensuring both parties are heard.

What did the court decide?

Application dismissed aside from direction to Family Court to decide Section 125 Cr.P.C. application after hearing both parties within three months.

Narendra Kumar vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 12329 of 2024

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Applicant :- Narendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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Sri Dinesh Kumar Yadav, learned counsel for applicant is not present.

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This application was filed on 02.04.2024, however, despite being on cause list of fresh cases earlier on many dates, it was not taken up for hearing due to heavy board. In these circumstances, even in absence of learned counsel for applicant, I proceed to consider the prayer made in this application with the help of Ms. Aradhana assisted by Ms. Gunjan Pathak, Advocates, who are present in Court and perused the application as well as material on record.

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Ms. Aradhana, Advocate has rightly pointed out that prayer made in this application is not happily worded since if it is allowed, it would be adverse to the interest of applicant. She also submits that by means of impugned order dated 09.08.2023 application under Section 126(2) Cr.P.C. has been allowed with cost of Rs. 10,000/- with further direction to pay Rs. 7000/- per month (Rs. 3000/- to wife and Rs. 2000/- each to two children) till decision of application under Section 125 Cr.P.C. afresh on basis of merit of case and after hearing submissions of both parties. She also refers para 15 of application, which is reproduced hereinafter:

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“15. That the applicant is doing labour work and entire family is depend upon the applicant so that he is not capable to pay such amount of maintenance to the opposite party no. 2 to 4.”

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She submits that to secure ends of justice, if amount of Rs. 7000/- is not reduced, this application may be disposed of with observation of early disposal of application so filed under Section 125 Cr.P.C.

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At this state, Sri Dinesh Kumar Yadav, learned counsel for applicant, has rushed to the Court and fairly submits that prayer of this application is not happily worded.

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I appreciate the above submission and at this stage I am not of the opinion that said amount of maintenance is liable to be reduced. However, second prayer is considered and this application is disposed of with direction that Family Court concerned will decide application under Section 125 Cr.P.C. after hearing both parties in the light of judgment passed by Supreme Court in Rajnesh vs. Neha and another, 2021(2) SCC 324, within a period of three months from today, if there is no legal impediment.

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High Court Legal Service Committee is directed to provide Rs. 3500/- within a week to Ms. Aradhana, Adv. Roll No. A/A1747/2023 (Mob. 7458075865), for her proper and quick assistance.

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Order Date :- 20.9.2024 AK

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Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Narendra Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

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Narendra Kumar v. State of U.P. and 3 Others

Case brief

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