Disposed

Naushad v. State of Up and Another

Allahabad HC15 Jul 2024A482/2828/2024

Case brief

AI extract

What is this about?

This Court disposed of an application under Section 482 Cr.P.C. challenging recovery and arrest warrants. Relying on the applicant's regular payment of interim maintenance, the court directed no coercive action pending further orders, subject to compliance.

What did the court decide?

No coercive action shall be taken provided the applicant continues to deposit the interim maintenance amount.

Naushad vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112398

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 2828 of 2024

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Applicant :- Naushad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Shyam Shamshery,J.

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This Court has passed following order on 18.04.2024 :-

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"1. Heard learned counsel for the applicant and learned AGA for the State.

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The present application under Section 482 Cr.P.C. has been filed to stay the impugned order dated 10.01.2024 passed by Principal Judge Family Court, Bhadohi, Gyanpur, in Criminal Misc. Case No. 340 of 2023 (Shama Parveen Vs. Naushad) under Sections 128 of Cr.P.C. Police Station Bhadohi, Bhadohi by which the learned Principal Judge, Family Court, Bhadoi, issued Recovery Warrant (R/W) and Arrest Warrant (A/W) against the applicant and also for stay the impugned order dated 15.04.2023 passed by Principal Judge Family Court, Bhadoh, in maintenance Case No. 298 of 2021 (Shama Parveen Vs Naushad) under Section 125 Cr.P.C. by which the Principal Judge Family Court, Bhadohi allow the interim Maintenance Applicaiton, whhich is paper No. 15 (A) and directed for providing Rs. 4000/- p.m. interim maintenance to the opposite party no. 2, from the date of filing of the Application and the amount deposited 10 day each month.

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It is submitted that an interim order granting Rs. 4000/- p.m as maintenance was passed against the applicant on 15.04.2023. The applicant deposited Rs. 30,000/- on 04.04.2024. As of now, Rs. 66, 000/- is due upon the applicant and he is ready to pay the remaining amount in six instalments. It is further

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submitted that the learned Trial Court did not consider the income of opposite party no. 2 while the amount to the tune of Rs. 4000/awarded against the applicant is exorbitant. The applicant is a labour.

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Per-contra, learned AGA opposed the prayer made by the applicant.

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Looking into the entirety of the matter, it is directed that if the applicant continues to deposit interim maintenance to the tune of Rs. 3000/- p.m during the pendency of the proceedings and if he deposit the remaining amount in three equal installments, then till the next date fixed, no coercive action shall be taken against the him.

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Matter requires consideration.

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Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

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Issue notice to opposite party no.2 returnable within three weeks.

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Steps be taken within seven days.

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List on 15.05.2024 as fresh."

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A supplementary affidavit filed by learned counsel for applicant today is taken on record wherein it is averred that impugned order has been diligently followed by applicant and he assures that it will be followed in future also.

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Sri Atul Kumar Singh, learned counsel for applicant has not able to deny that any finding which could touch merit of case could adversely affect the case of either party on merit.

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In aforesaid circumstances, considering that impugned order is only an interim maintenance order and applicant in pursuance of above referred order is regularly paying amount stated therein, therefore, this application is disposed of with a direction that in case applicant fails to deposit the amount in terms of above referred order, the diligence shown by this Court will be seized with

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and impugned order in its entirety will come into force.

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A copy of this order be supplied to trial Court for compliance and trial Court will take all endeavour to decide main application in terms of judgments passed by Supreme Court and after taking note of relevant provisions of law.

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Registrar (Compliance) to take steps. Order Date :- 15.7.2024 N. Sinha

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Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad

Naushad v. State of Up and Another

Case brief

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Naushad v. State of Up and Another

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