The applicant challenged an order directing him to deposit 50% of maintenance arrears as a condition for recalling an ex-parte judgment. The High Court found the costs reasonable due to the applicant's repeated defaults and dismissal of the application.
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Neutral Citation No. - 2024:AHC:174520
Court No. - 75
Case :- APPLICATION U/S 482 No. - 17862 of 2024
Applicant :- Rahul Alias Piyush Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kanhaiya Mishra,Vikash Chandra Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
sufficient long period and thus, the direction of the Family Court to deposit 50% amount of arrears is arbitrary and liable to be set aside.
order so as to require any interference by invoking extraordinary jurisdiction under Section 482 Cr.P.C. The application lacks merit and thus liable to be dismissed.
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Family Court's direction to deposit 50% of arrears of maintenance was arbitrary or excessive given the history of the proceedings.
Whether the High Court should exercise its extraordinary jurisdiction under Section 482 Cr.P.C. to set aside the impugned order.
3 provisions across 1 enactments
Rahul Alias Piyush
State Of U.P.
Others
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
