Disposed

Virendra v. State of U.P. and Another

Allahabad HC21 Oct 2024A482/14683/2024

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. challenging an order issuing recovery warrants for maintenance arrears. The Court found no illegality or perversity and dismissed the interference plea, while directing the Family Court to decide a pending application for enhancement of maintenance expeditiously.

What did the court decide?

Application disposed of. No interference with impugned order. Direction issued to Family Court to decide pending application expeditiously.

Virendra vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:167034

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 14683 of 2024

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Applicant :- Virendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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This application under Section - 482 Cr.P.C. has been preferred against order order dated 15.03.2024, passed by the learned Additional Principal Judge, Family Court, Mainpuri, in Case No. 654 of 2022 (Bhawna vs. Virendra @ Chhotu), under Section - 125 (3) Cr.P.C., Police Station- - Kurawali, District- Mainpuri.

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It is submitted by learned counsel for applicant that applicant is husband of the opposite party no.2. The opposite party no. 2 has filed an application under Section - 125 Cr.P.C. claiming maintenance, which was decided vide ex-parte judgment and order dated 22.04.2022, granting maintenance @ Rs. 2,500/- per month. Thereafter, she has filed an application under Section - 125 (3) Cr.P.C.,wherein recovery warrant has been issued against applicant vide impugned order dated 15.03.2024. Learned counsel further submitted that matter may be referred for mediation and that impugned order may be set aside.

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Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order.

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I have considered the rival submissions and perused the record.

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Perusal of record shows that applicant is husband of the opposite party no. 2. She has filed a case under Section - 125 Cr.P.C. seeking maintenance, which was allowed vide ex-parte judgment and order dated 22.04.2022 granting maintenance @ Rs. 2,500/- per month. It appears that in proceedings under Section - 125 (3) Cr.P.C., the concerned family court has issued recovery warrants for realization of arrears of maintenance. No material illegality or perversity could be shown in the impugned order. It was also shown that an application filed by the applicant under Section - 126 (2) Cr.P.C. is pending before the concerned family court.

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In view of the aforesaid facts, no case for interference in the impugned order dated 15.03.2024 is made out. However, the Family Court / Additional Family Court concerned is directed to decide the application of applicant filed under Section - 126 (2) Cr.P.C., expeditiously in accordance with settled law.

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With the aforesaid observations, the instant application under Section - 482 Cr.P.C. is disposed of .

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Order Date :- 21.10.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Virendra v. State of U.P. and Another

Case brief

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Virendra v. State of U.P. and Another

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