Disposed¶10

Gaurav Kumar v. State of U.P. and 2 Others

Allahabad HC7 Apr 2025NA528/11243/2025

Case brief

AI extract

What is this about?

Maintenance arrears; recovery proceedings under Section 128 Cr.P.C.; ex-parte maintenance award; recovery warrant; deduction of amount already paid; quantum of arrears of maintenance; Family Court Muzaffar Nagar; Additional Principal Judge Family Court No.2; Application under Section 528 B.N.S.S.; Gaurav Kumar; State of U.P. and 2 Others; Pooja Vs. Gaurav Case No. 1557 of 2022; Allahabad High Court; Raj Beer Singh, J.; Neutral Citation 2025:AHC:50345; order dated 06.12.2024; judgment dated 8.4.2025.

What did the court decide?

Application under Section 528 B.N.S.S. disposed of with a direction that if the applicant files an application before the Family Court concerned within two weeks raising his grievance regarding the quantum of arrears of maintenance, the Family Court shall consider and decide it expeditiously in accordance with law.

Gaurav Kumar Vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order of the Family Court correctly computed the arrears of maintenance, i.e., whether the amount of Rs. 2,60,000/- already paid during the recovery proceedings ought to have been deducted before issuing the recovery warrant for Rs. 5,20,000/-.

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Court's answer

The question as to how much amount has been paid by the applicant in the said recovery proceedings and how much arrears of maintenance are due can well be decided by the Family Court itself, where the recovery proceedings are pending.

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Ratio / Principle

In case the applicant moves an application before the Family Court concerned within a period of two weeks, raising his grievance regarding the quantum of arrears of maintenance, the same shall be considered and decided by the Family Court expeditiously in accordance with law.

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Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) disposed of an application under Section 528 B.N.S.S. challenging an order dated 06.12.2024 of the Family Court, Muzaffar Nagar in Case No. 1557 of 2022 (Pooja Vs. Gaurav) under Section 128 Cr.P.C. As submitted by counsel, opposite party nos. 2 and 3 had been granted maintenance ex-parte and had initiated recovery proceedings; although Rs. 2,60,000/- had already been paid to them, the Family Court allegedly computed arrears without deducting that amount and issued a recovery warrant for Rs. 5,20,000/-. The Court held that the questions how much had been paid and how much arrears were due could well be decided by the Family Court itself, where the recovery proceedings were pending, and directed that if the applicant moved an application before the Family Court within two weeks raising his grievance on the quantum of arrears, it shall be considered and decided expeditiously in accordance with law. Order dated 8.4.2025; Neutral Citation 2025:AHC:50345.

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Neutral Citation No. - 2025:AHC:50345

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 11243 of 2025

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Applicant :- Gaurav Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava 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 record.

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This application u/s 528 B.N.S.S. has been preferred against order dated 06.12.2024, passed by the learned Principal Judge, Family Court, Muzaffar Nagar in Case No. 1557 of 2022 (Pooja Vs. Gaurav), under Section - 128 Cr.P.C., Police Station - Shahpur, District - Muzaffar Nagar, pending in the court of Additional Principal Judge, Family Court No.2, Muzaffar Nagar.

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It is submitted by learned counsel for the applicant that the opposite party no.2 and 3 were awarded maintenance by ex-parte judgment and thereafter they have initiated aforesaid recovery proceedings. It was submitted that during recovery proceedings, an amount of Rs. 2,60,000/- has already been paid to the opposite party no.2 and 3 but while passing the impugned order, the learned Family Court has not deducted the said amount while calculating the arrears of maintenance and a recovery warrant was issued for Rs. 5,20,000/-. It was submitted that the observation of Family Court that there were arrears of maintenance in tune of Rs. 5,20,000/- is against facts and record and thus, the impugned order is liable to be set aside.

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The question that as to how much amount has been paid by the applicant in the said recovery proceedings and how much arrears are due, can well be decided by the Family Court itself, where recovery proceedings are pending. Considering facts of the matter, it is directed that in case applicant moves an application before the Family Court concerned, within a period of two weeks from today, raising his grievance regarding quantum of arrears of maintenance, the same shall be considered and decided by the Family Court concerned expeditiously in accordance with law.

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The application under Section - 528 B.N.S.S. is disposed of accordingly.

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Order Date :- 8.4.2025 S Rawat

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

Gaurav Kumar v. State of U.P. and 2 Others

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Gaurav Kumar v. State of U.P. and 2 Others

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