Disposed

Uday Bhan Pandey v. State of U.P. Thru. Senior Superintendent of Police Bahraich and 3 Others

Allahabad HC7 Mar 2024CRLR/214/2024

Case brief

AI extract

What is this about?

Revision against recovery proceedings for maintenance arrears. Court allowed instalment plan for arrears and current maintenance to keep recovery proceedings in abeyance.

What did the court decide?

Recovery proceedings kept in abeyance subject to payment of 25% arrears within 30 days and balance in three quarterly instalments along with current maintenance.

Uday Bhan Pandey vs State of U.P. Thru. Senior… — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20749

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Court No. - 27

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Case :- CRIMINAL REVISION No. - 214 of 2024

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Revisionist :- Uday Bhan Pandey

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Opposite Party :- State Of U.P. Thru. Senior Superintendent Of Police Bahraich And 3 Others

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Counsel for Revisionist :- Naveen Chandra Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri N.C. Upadhyay, the learned counsel for the revisionist, Sri Sanjay Maurya, the learned A.G.A. appearing on behalf of the State and perused the records.

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By means of the instant revision filed under Section 19 (4) of the Family Court Act the revisionist has challenged the validity of the order dated 30.01.2018, passed by learned Principal Judge, Family court, District Bahraich in Case No.938/11/2022, under Section 128 Cr.P.C. and the order dated 08.01.2024, passed in the aforesaid case.

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After advancing his submissions at some length, the learned counsel for the revisionist has confined his prayer to the extent that the revisionist is unable to deposit the entire arrears of maintenance in one lump sum because of his financial constraints and he would do so in installments.

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Accordingly, the present revision is disposed of by providing that in case the revisionist pays 25 % of the entire amount of arrears of maintenance within a period of 30 days from today and thereafter he pays the balance amount of arrears of maintenance in three equal quarterly installments and he keeps on paying the current amount of monthly maintenance

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regularly, the proceedings for recovery of the amount of maintenance in furtherance of the impugned orders dated 30.01.2018 and 08.01.2024 be kept in abeyance. However, in case the revisionist commits any default in payment of any installment the benefit of this order would not be available to him.

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(Subhash Vidyarthi, J.)

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Order Date :- 7.3.2024 Ram.

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

Uday Bhan Pandey v. State of U.P. Thru. Senior Superintendent of Police Bahraich and 3 Others

Case brief

What is this about?

What did the court decide?

Uday Bhan Pandey v. State of U.P. Thru. Senior Superintendent of Police Bahraich and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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