Disposed

Abrar Pathan v. State of Up and Another

Allahabad HC22 Jul 2024A482/4885/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. contesting an order fixing interim maintenance of Rs.5,000/-, the court rejected the argument for interference but directed the Family Court to arrange for mediation. The applicant was required to demonstrate bonafides by drafting an offer to pay half the outstanding maintenance amount.

What did the court decide?

Application disposed with direction to Family Court to fix date for mediation and requirement for applicant to submit draft offer for half outstanding maintenance.

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

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Neutral Citation No. - 2024:AHC:115903

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 4885 of 2024 Applicant :- Abrar Pathan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.,Shivakant

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Hon'ble Saurabh Shyam Shamshery,J.

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Applicant before this Court has approached to quash the judgment and order dated 25.10.2023 passed by learned Additional Principal Judge, Family Court, District- Fatehpur in Case No.191 of 2022 (Sidra Tasleem Vs. Abrar Pathan), under Section 125 Cr.P.C., Police Station- Sultanpur Ghosh, District - Fatehpur.

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Sri Mohd. Abrar Khan, learned counsel for applicant submits that applicant wants to give another chance for mediation.

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Sri Shivakant, learned counsel for opposite party No.2 fairly submits that earlier attempt for mediation was failed as the applicant has not come forward with open mind despite she/complainant still wants to live along with applicant.

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Learned counsel for applicant on instruction submits that he has already filed suit under Muslim Law for restitution of conjugal rights and a decree has been passed though the said submission is being denied by learned counsel for opposite party No.2 since no document has been annexed in support of it.

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At this stage, the Court is not entering into merit of case, so far as rival submissions on mediation is concerned, presently, the Court takes note that by way of impugned order dated 25.10.2023 a meager amount Rs.5,000/- is being fixed for interim maintenance based on material available, therefore, the Court do not find any ground to interfere as still parties have liberty to raise all legally permissible arguments, however, it is

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directed that family Court at Fatehpur will fix a date so that both parties may appear before Mediation Centre at district Fatehpur if prayer is made for it and parties will put their effort for mediation and settlement of issues.

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The Court hopes that this time both parties may come up with open mind.

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In order to show bonafide the applicant will come up with a draft of at least half of outstanding amount towards interim maintenance.

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Accordingly, application is disposed of with aforesaid observation.

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Registrar (Compliance) to take steps.

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Order Date :- 22.7.2024 P. Pandey

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Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad

Abrar Pathan v. State of Up and Another

Case brief

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Abrar Pathan v. State of Up and Another

Case brief

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