Dismissed¶7

Subash Bind v. State of U.P. and Another

Allahabad HC6 Jan 2025A482/26853/2024

Case brief

AI extract

What is this about?

Keywords: Section 482 Cr.P.C. application dismissed; Section 128 Cr.P.C. recovery warrant for arrears of maintenance; Section 125 Cr.P.C. ex-parte maintenance decree dated 11.10.2023 (wife Rs. 2,500/- p.m.; each minor daughter Rs. 500/- p.m.); interim relief of 23.11.2024 conditioned on Rs. 50,000/- ECS payment, compliance failed; plea of bad financial condition; Family Court Chandauli (Case No. 820 of 2023, Gulabi Devi Vs. Subash Bind); no interference warranted; High Court of Judicature at Allahabad; Raj Beer Singh, J.

What did the court decide?

No patent illegality, perversity or abuse of the process of court was shown in respect of the impugned order dated 26.04.2024, so as to require any interference by invoking the extraordinary jurisdiction under Section 482 Cr.P.C. ¶6

Subash Bind vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:2063

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 26853 of 2024

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Applicant :- Subash Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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This application under Section 482 Cr.P.C. has been preferred against the order dated 26.04.2024, passed by learned Principal Judge, Family Court, Chandauli in Case No. 820 of 2023 (Gulabi Devi Vs. Subash Bind), under Section - 128 Cr.P.C., Police Station - Alinagar, District- Chandauli, whereby recovery warrant has been issued against applicant.

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Learned counsel for the applicant submitted that earlier this Court has granted interim relief vide order dated 23.11.2024 subject to condition that applicant shall make payment of Rs. 50,000/- to the opposite party no.2 through ECS mode within a period of one month but due to bad financial condition applicant could not comply with the said direction. It was submitted that economic condition of applicant is not well and thus, the impugned order may be set aside.

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Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order.

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I have considered the submissions and perused the record.

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Perusal of record shows that applicant is husband of opposite

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party no. 2. The opposite party no. 2 has filed a case under Section - 125 Cr.P.C. against applicant in the year 2019, which was decided by ex-parte judgment and order dated 11.10.2023 and maintenance @ Rs. 2,500/- per month has been granted in favour of opposite party no.2/wife and Rs. 500/- per month each in favour of her minor daughters. As the applicant has not deposited the arrears of maintenance, thus in proceedings under Section 128 Cr.P.C., the Family Court has issued recovery warrants against him for realization of arrears of maintenance. No such patent illegality, perversity or abuse of the process of court could be shown in respect of impugned order dated 26.04.2024, so as to require any interference by the Court by invoking the extraordinary jurisdiction under Section 482 Cr.P.C. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed.

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The application under Section 482 Cr.P.C. is hereby dismissed .

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Order Date :- 6.1.2025 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Subash Bind v. State of U.P. and Another

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Subash Bind v. State of U.P. and Another

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