Rahul Chaurasia Vs Ritu Chaurasia — Maintenance and Alimony | Allahabad HC (2025)

Rahul Chaurasia Vs Ritu Chaurasia — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; order dated 4.10.2024 of the learned trial court (allowing application No.C-10 adding 'Nisha Nag' to the name of Ritu Chaurasiya) set aside, with liberty to the opposite party to seek the appropriate remedy by first getting the section 125 Cr.P.C. application and order corrected.

Issue for consideration

Whether the order dated 4.10.2024 of the learned trial court allowing application No.C-10 to add 'Nisha Nag' to the name of opposite party 'Ritu Chaurasiya' is lawful, when the initial application under section 125 Cr.P.C. and the order passed thereon remain in the name of 'Ritu Chaurasiya' alone and have not been corrected.

Court's answer

As the initial application under section 125 Cr.P.C. and the order passed thereon stood in the name of Ritu Chaurasiya alone (with no mention of Nisha Nag), the trial court's order dated 4.10.2024 allowing application No.C-10 for adding Nisha Nag to her name, without the name first being corrected in the initial application and order, cannot be said to be lawful and is liable to be set aside.

Ratio / Principle

The Article 227 petition is allowed and the opposite party is given an opportunity to seek the appropriate remedy, i.e., correction of the section 125 Cr.P.C. application and the order passed thereon.

Detailed headnote1 paragraphs

Maintenance proceedings (Ss. 125 and 125(3) Cr.P.C.) — Name-addition application — Trial court allowed application No.C-10 adding 'Nisha Nag' to the applicant 'Ritu Chaurasiya', although the initial application under S.125 Cr.P.C. and the order passed thereon still stood in the name of 'Ritu Chaurasiya' alone — Held, such addition without prior correction of the initial S.125 Cr.P.C. application and order is not lawful — Order dated 4.10.2024 set aside; petition under Art. 227 allowed; opportunity given to the opposite party to seek corrective remedy (Allahabad High Court, Lucknow Bench; Subhash Chandra Sharma, J.; decided 27.1.2025).

Court No. - 14

Case :- MATTERS UNDER ARTICLE 227 No. - 6290 of 2024 Petitioner :- Rahul Chaurasia Respondent :- Ritu Chaurasia Counsel for Petitioner :- Anand Dubey,Abhishek,Amit Srivastava,Km. Saumya Tiwari

Hon'ble Subhash Chandra Sharma,J.

Sri Avanish Singh Parihar, Advocate, filed his Vakalatnama, on behalf of opposite party No.1, which is taken on record.

Learned counsel for both the parties are present. It is submitted by the learned counsel for the petitioner that the opposite party Ritu Chaurasiya is his wife who filed an application under section 125 Cr.P.C before the learned family court and it was decided finally. Thereafter, an application under section 125(3) Cr.P.C was also filed for recovery of amount of maintenance. On 4.10.2024 an application No.C-10 was moved on the part of opposite party Ritu Chaurasiya that Nisha Nag be also added to her name Ritu Chaurasia and it was allowed by the learned trial court vide order dated 4.10.2024 which cannot be said to be correct unless an application under section 125 Cr.P.C and order passed thereon is corrected accordingly.

Learned counsel for the opposite party also agreed that an application under section 125 Cr.P.C be corrected first and then order be got corrected accordingly.

On considering the submissions made by the learned counsel for both the parties as well as perusal of record, it appears that initially the application under section 125 Cr.P.C and the order passed thereon was in the name of Ritu Chaurasiya that still remain intact. There is no mention of Nisha Nag with the name of Ritu Chaurasiya. Now an application under section 125(3) Cr.P.C has also been moved in the name of Ritu Chaurasiya and there is no mention of Nisha Nag regarding which an application No. C-10 has been allowed by the learned trial court for adding Nisha Nag with the name of Ritu Chaurasiya without getting the name of Ritu Chaurasiya corrected in the initial application under section 125 Cr.P.C and the order passed thereon, therefore, the order passed by the learned court cannot be said to be lawful and is liable to be set aside. Accordingly, this petition is allowed, giving an opportunity to the opposite party to seek remedy in this regard.

Order Date :- 27.1.2025.GS

Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench