Partly allowed

Arshad Jameel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Allahabad HC8 Feb 2024CRLR/103/2024

Case brief

AI extract

What is this about?

Criminal revision challenging a Family Court maintenance order. The Court stayed execution of the impugned order subject to the revisionist paying 50% of arrears and continuing monthly maintenance payments during mediation.

What did the court decide?

Execution of maintenance order stayed pending mediation subject to payment of 50% arrears and continued monthly maintenance.

Arshad Jameel vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 27 Case :- CRIMINAL REVISION No. - 103 of 2024

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Revisionist :- Arshad Jameel

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others

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Counsel for Revisionist :- Vinai Kumar Bhatt,Baby Yadav,Pushpendra Sahay Saxena

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vinay Kumar Pathak, the learned counsel for the revisionist, Sri Gyanendra Singh, the learned AGA for the State and perused the record.

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By means of the instant revision filed under Section 19(4) of Family Court Act, 1984, the revisionist has challenged the validity of the order dated 06.11.2023 passed by the learned Additional Principal Judge, Court No. 8, Lucknow in Case No. 159/2021, under Section 125 Cr.P.C.

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The learned counsel for the revisionist states that the opposite party no. 2 has filed an application under Section 482 Cr.P.C. No. 11586/2023 and by means of an order dated 12.12.2023, the dispute between the parties has been referred to the Mediation and Conciliation Centre of this Court.

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Issue notice to the opposite party nos. 2 & 3 returnable at an early date.

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Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may file filed within two weeks thereafter.

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List this case in the week commencing 08.04.2024.

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As mediation proceedings are going on between the parties, it is provided that in case the revisionist pays 50% of the arrears of maintenance within two weeks from today and he continues to pay 50% of the monthly amount of the maintenance awarded by the family court to the opposite party nos. 2 & 3, the execution of the impugned order dated 06.11.2023 shall remain stayed till the next date of listing.

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In case the revisionist fails to comply with this order, the interim protection granted to him will seize to exist automatically.

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Order Date :- 8.2.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Arshad Jameel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Case brief

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What did the court decide?

Arshad Jameel v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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