Swatantra Kumar Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Govt. of U.P. Lucknow and Others

Allahabad HC22 Feb 2024CRLP/209/2024

Case brief

AI extract

What is this about?

Interim order in a criminal writ petition concerning an F.I.R.; parties agreed to mediation, petitioner no.1 agreed to pay Rs.15,000 per month to opposite party no.4 and children, part of deposited amount released for litigation expenses, interim protection continued.

What did the court decide?

Rs.15,000/- per month payable to opposite party no.4 during mediation; Rs.15,000 of deposit released to her; interim protection continued.

Swatantra Kumar Singh and Others vs State of U.P… — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 209 of 2024

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Petitioner :- Swatantra Kumar Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home, Govt. Of U.P. Lucknow And Others Counsel for Petitioner :- Harsh Vardhan Singh,Roshan Kumar Khatri

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Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard.

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Opposite party no.4 is present in person. She is represented by counsel, namely, Rajeev Kumar Singh, Advocate which is taken on record. Opposite party no.4 says that she has two children to look after aged four and one year. She is not employed and does not have any means of livelihood. She resides with her parent.

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Petitioner no.1 is also present.

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Opposite party no.4 as also petitioner no.1 are agreeable for mediation. Accordingly, the matter is referred for mediation. However, on being asked as to whether he is paying maintenance for his kids and wife, he submitted that as of now she has not claimed it. However, he very fairly submitted that he is agreeable to pay such amount per month as may be determined by this Court. When we asked him to pay Rs.15,000/- per month as his take home salary is Rs.50,000/-, he agreed. As we are not entering into the merits of the impugned F.I.R. at this stage but are only making an effort to get the matter settled amicably, if it is possible to do so, and as petitioner no.1 is ready to provide monthly amount to opposite party no.4 and his two kids we provide that Rs.15,000/- be paid by the petitioner no.1 in the first week of every month till the mediation proceedings are concluded and any order is passed by this Court based thereon. Out of the amount of Rs.30,000/which has been deposited by him, Rs.15,000/- shall be released in favour of opposite party no.4 as she has to meet litigation expenses also. The monthly deposit should be excluding the aforesaid amount.

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Petitioner no.1 and opposite party no.4 shall appear before the Mediator at the Mediation Centre of this Court at Lucknow on 07.03.2024. The Mediator shall conduct the mediation

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proceedings and submit his report before the next date.

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The matter shall now come up in the third week of May, 2024 showing the name of Sri Rajeev Kumar Singh, Advocate as learned counsel for opposite party no.4.

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Interim protection granted earlier shall continue till further orders.

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Order Date :- 22.2.2024 Shanu/-

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Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Swatantra Kumar Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Govt. of U.P. Lucknow and Others

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Swatantra Kumar Singh and Others v. State of U.P. Thru. Prin. Secy. Home, Govt. of U.P. Lucknow and Others

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