Disposed

Atik Khan @ Lallu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC12 Nov 2024CRLR/1375/2024

Case brief

AI extract

What is this about?

In a Criminal Revision, the Allahabad High Court issued conditional relief to the revisionist by allowing continued compliance with the impugned maintenance order pending mediation and appearance.

What did the court decide?

Conditional grant allowing revisionist to continue paying maintenance and filing bond to seek quashing, pending mediation.

Atik Khan @ Lallu vs State of U.P. Thru. Prin… — Maintenance and Alimony | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION No. - 1375 of 2024

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Revisionist :- Atik Khan @ Lallu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Revisionist :- Rahul Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the revisionist and learned A.G.A. for the State.

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The instant criminal revision has been filed by the revisionist for setting aside the impugned maintenance order dated 16.10.2024 passed by Principal Judge/Family Court, Bahraich in Case No.1021/11/2017 "Smt. Naimulnisha alias Naimul vs. Atik alias Lallu" thereby awarding maintenance of Rs.4000/- per month in favour of opposite party no.2.

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Notice on behalf of opposite party no.1 has been accepted by the office of learned A.G.A.

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Issue notice to the opposite party no.2, returnable at an early date.

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Steps be taken within a week.

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List this case on 22.01.2025 , on which date, the revisionist and opposite party no.2 shall appear in person before this Court to explore the possibility of settlement of their dispute amicably through the process of mediation.

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It is made clear that in case the revisionist continues to pay the monthly maintenance of Rs.4,000/- to the opposite party no.2 in terms of the impugned order dated 16.10.2024 and also continues to pay the arrears in six bimonthly installments on the dates specified by the learned trial Court, the impugned order dated 16.10.2024 shall not be given effect to qua the revisionist, Atik Khan @ Lallu.

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It is also made clear that in case of default in

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paying the amount by the revisionist as directed above or on non-appearance of the revisionist before this Court on the next date, the protection granted hereinabove shall automatically come to an end, and in that eventuality, learned trial Court shall be at liberty to proceed to recover the amount found to be due against the revisionist in terms of the impugned order dated 16.10.2024, strictly in accordance with law.

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Order Date :- 12.11.2024 Mahesh

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Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Atik Khan @ Lallu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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Atik Khan @ Lallu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

What did the court decide?

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