The Single Judge dismissed an application under Section 482 Cr.P.C. filed over an ex-parte interim maintenance order, holding it to be an abuse of process due to prior final dismissal of similar challenges. The court imposed a cost of Rs. One Lakh.
Application dismissed; costs of Rs. One Lakh awarded to be deposited in Trial Court.
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Neutral Citation No. - 2024:AHC:133622
Court No. - 74
Case :- APPLICATION U/S 482 No. - 12381 of 2024
Applicant :- Raj Kumar Verma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Kumar,Rahul Mishra Counsel for Opposite Party :- Amit Kumar Srivastava,G.A.
Hon'ble Saurabh Shyam Shamshery,J.
paid a single penny towards maintenance amount, therefore, not only this application is dismissed, but dismissed with a cost of Rs.One Lakh and said amount shall be deposited by applicant before learned Trial Court within a period of two weeks from today and in case of default, learned Trial Court will take all coercive measures for recovering it.
Order Date :- 21.8.2024 SB
Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the filing of the current application constitutes an abuse of process of law given prior dismissal of similar challenges.
Whether costs for abuse of process can be imposed in a Section 482 application for maintenance.
1 provisions across 1 enactments
Raj Kumar Verma
Saurabh Shyam Shamshery
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
