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

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

What the court decided

AI extract

Outcome

Application disposed of: (i) if the applicant moves an application before the Family Court within two weeks for payment of the maintenance arrears in installments, the Family Court to consider and decide it expeditiously in accordance with law; (ii) execution of non-bailable warrants against the applicant stayed for two weeks or till filing of such application, whichever is earlier. The prayer for quashing the impugned order was not pressed.

Issue for consideration

Whether the order dated 12.12.2024 passed by the Principal Judge, Family Court, Jalaun at Orai in Criminal Misc. Case No. 459 of 2021 under Section 125 Cr.P.C. ought to be quashed. +1 more

Ratio / Principle

If the applicant moves an application before the Family Court concerned within two weeks from the date of the order to pay the arrears of maintenance in installments, the Family Court shall consider and decide it expeditiously in accordance with law.

Key takeaways

For a period of two weeks from the date of the order, or until the applicant files such an application before the Family Court, whichever is earlier, the execution of the non-bailable warrants issued against the applicant shall remain stayed.ratio¶10

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — quashing of order dated 12.12.2024 passed by the Principal Judge, Family Court, Jalaun at Orai in Criminal Misc. Case No. 459 of 2021 (Smt. Sangeeta Vs. Devendra) under Section 125 Cr.P.C. — prayer for quashing not pressed at the stage of arguments — applicant stated to be suffering from a mental-related disease and sought time to deposit arrears of maintenance in installments — held: applicant may move an application before the Family Court within two weeks for payment of arrears in installments, to be considered and decided expeditiously in accordance with law; execution of non-bailable warrants issued against the applicant stayed for two weeks or till filing of such application, whichever is earlier — application disposed of.

Neutral Citation No. - 2025:AHC:75661

Court No. - 71

Case :- APPLICATION U/S 482 No. - 3775 of 2025

Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghana Ram Niranjan Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

The present application under Section - 482 Cr.P.C. has been filed with the following prayer :-

"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and further be pleased to quash the impugned order dated 12.12.2024 passed by the Principal Judge, Family Court, Jalaun at Orai in Criminal Misc. Case No. 459 of 2021, under Section - 125 Cr.P.C. (Smt. Sangeeta Vs. Devendra) over Application 42 Kha moved by the opposite party no.2."

After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that as applicant is suffering from some mental related disease and that some more time may be granted to the applicant to deposit the arrears of maintenance in installments.

In view of aforesaid, it is directed that in case applicant moves an application before the Family Court concerned within a period of two weeks from today to pay the arrears of maintenance in installments, the same shall be considered and decided expeditiously in accordance with law by the Family court concerned. It is further directed that for a period of two weeks from today or till the applicant files such an application before the court concerned, whichever is earlier, the execution of non-bailable warrants issued against the applicant shall remain stayed.

The application u/s - 482 Cr.P.C. is disposed of with aforesaid observations.

Order Date :- 9.5.2025

S Rawat

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