Allowed

Sunil Kumar Srivastava v. State of U.P Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Allahabad HC15 Feb 2024CRLR/115/2024

Case brief

AI extract

What is this about?

The High Court stayed the lower court order fixing Rs. 10,000 monthly maintenance, reduced it to Rs. 8,000, and set an interim scheme for paying 50% of outstanding amounts while directing a fresh computation after exchange of pleadings under Section 125 Cr.P.C.

What did the court decide?

Reduced monthly maintenance to Rs. 8,000; directed deposit of 50% outstanding amount; stayed remaining 50% pending further proceedings.

Sunil Kumar Srivastava vs State of U.P Thru. Prin… — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 28

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Case :- CRIMINAL REVISION No. - 115 of 2024

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Revisionist :- Sunil Kumar Srivastava Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Revisionist :- Shrikant Tripathi,Kirti Kar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Sri V.K.Verma, Advocate has filed vakalatanam on behalf of the revisionist after obtaining the NOC from the erstwhile counsel in the Court today, which is taken on record.

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Heard learned counsel for the revisionist and learned AGA for the State.

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By means of the present criminal revision, the revisionist is assailing the order dated 20.10.2023 passed by Additional Principal Judge, Family Court, Court No.1, Lucknow, whereby the Principal Judge, Family Court, in Crl. Misc. Case No. 161 of 2016, under Section 125 Cr.P.C., has fasten the liability directing the revisionist to pay Rs. 1000/- per month to opposite party no.2, 3 and 4 from the date of filing of the application i.e. 04.02.2016 and from the date of order dated 20.10.2023 Rs. 5000/- per months to opposite party no.2 and Rs. 3000/- to opposite party no.3 and Rs. 3000/- to opposite party no.4.

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In the recent judgement of Hon'ble Apex Court in the case of Rajnish Vs. Neha and another in Crl. Appeal No. 730 of 2020 decided on 04.11.2020, the Hon'ble Apex Court has given a wide guidelines in this regard. Adhering to those guidelines as an interim measure following direction is being passed:-

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(i) Revisionist would approach to the court below on or before 24.02.2024 with all documents. The office of the Principal Judge, Family Court would compute the entire outstanding amount from the date of filing of the application i.e. 04.02.2016 to 30.09.2023 @ Rs. (1000/-+1000/-+ 1000/-= 3000/-) per month after adjusting the interim maintenance amount, (if any), paid by the revisionist during the pendency of the aforesaid proceedings.

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(ii) 50% of the total outstanding amount shall be paid/deposited by the revisionist on or before first week of March 2024 in the form of Demand Draft in favour of opposite party no.2 in the court of Principal Judge, Family Court, thereafter. After deposit the said outstanding amount, the

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said amount shall be disbursed in favour of the opposite party nos.2, 3 and 4 within a week thereafter. Rest of the 50% shall remain stayed and its ultimate fate would be decided after exchange of pleadings between the parties.

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(iii) In the interest of justice so far as monthly amount is concerned, the Court is reducing the monthly amount as Rs.4000/-+ Rs. 2,000/- + Rs. 2000/- = Rs. 8000/- per month from the date of order i.e. 20.10.2023 to 29.02.2024. The revisionist is directed to pay the entire amount at the rate of Rs. 4000/-+Rs.2000/-+ Rs.2000/-=Rs. 8000/- per month starting from 20.10.2023 to 29.02.2024 by way of demand draft in favour of opposite party nos. 2, 3 and 4 respectively. This outstanding sum is divided equally in three parts, payable in first week of April 2024, May 2024 and June 2024 along with regular monthly payment starting from March 2024.

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(iv) It is further directed that the revisionist would regularly pay, the amount in question within first fortnight of every successive month starting from 01.03.2024 and shall keep on paying the amount Rs. 4,000/+Rs. 2000/-+Rs. 2000/- in the court and the same shall be released in favour of the opposite party nos. 2, 3 and 4 respectively within a week after the said deposit by the revisionist in the registry of the court concerned, till further orders.

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It is made clear that there shall not be any default on the part of the revisionist. In case of any unreasonable default, the interim order stands automatically vacated and the entire amount would be realized by adopting all coercive measure by the court concerned.

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Let the notices be issued to opposite party no.2, 3 and 4 through the C.J.M., Lucknow, to file counter affidavit within six weeks.

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Rejoinder affidavit may be filed two weeks thereafter.

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List this case after expiry of aforesaid period showing the name of Sri V.K.Verma as counsel for the revisionist.

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Order Date :- 15.2.2024 Abhishek Sri

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Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sunil Kumar Srivastava v. State of U.P Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sunil Kumar Srivastava v. State of U.P Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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