Partly allowed

Mohit Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC20 Feb 2024CRLR/131/2024

Case brief

AI extract

What is this about?

This High Court revision allowed the petitioner to pay maintenance arrears in four installments over a year instead of a lump sum due to financial constraints. The monthly maintenance liability and recovery proceedings remain stayed pending payment compliance. Default would forfeit this installment benefit.

What did the court decide?

Mandatory payment of 25% of arrears within 30 days, balance in three quarterly installments; monthly maintenance continues; recovery stayed if paid.

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

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Neutral Citation No. - 2024:AHC-LKO:15085

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 131 of 2024

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Revisionist :- Mohit Tiwari

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Revisionist :- Matri Datt Tripathi,Shresth Agarwal Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Matri Datt Tripathi, the leaned counsel for the revisionist, Sri Rakesh Kumar Singh, the learned AGA for the State and perused the record.

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The instant revision has been filed under Section 19(4) of Family Courts Act, 1984 against the judgment and order dated 18.11.2023 passed by the Principal Judge, Family Court, Sultanpur in Criminal Misc. Case No. 493/2019, under Section 125 Cr.P.C., whereby the revisionist has been directed to pay Rs. 3,000/- per month to his wife-opposite party no. 2 and Rs. 2,000/- per month to his daughter-opposite party no. 3 as maintenance.

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The impugned judgment has been passed after taking into consideration all the relevant facts and circumstances of the case and evidence led by the parties and the learned counsel for the revisionist could not point out any illegality in the order.

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The learned counsel for the revisionist confines his prayer by stating that the revisionist be granted facility of depositing the arrears of maintenance in installments as he is unable to deposit the entire amount because of lack of financial resources.

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Accordingly, it is provided that the revisionist will pay 25% of the amount of arrears within a period of 30 days from today and the balance amount will be paid in three more installments payable after three months each since the payment of first installment. The revisionist will continue to make payment of monthly amount of maintenance to his wife and daughter. The recovery of amount from the revisionist shall remain stayed subject to the above condition.

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In case of default of payment of any installment, the revisionist will not be entitled to the benefit of this order.

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With the aforesaid observations/ directions, the revision stands disposed of .

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Order Date :- 20.2.2024 Pradeep/-

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

Mohit Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohit Tiwari v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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What did the court decide?

What the court decided

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