Aniruddh Viswakarma vs State of U.P. and 2 Others

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Court No. - 48 Case :- APPLICATION U/S 528 BNSS No. - 18495 of 2025 Applicant :- Aniruddh Viswakarma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Krishna Mishra,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.

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Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant, Sri S.K. Rai learned AGA for the State respondent and perused the record.

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The instant criminal misc. application filed U/s 528 BNSS for assailing the order dated 22.01.2025 and 02.05.2025 passed by the Principal Judge, Family Court, Azamgarh in Execution Case No. 86 of 2024 (Reena and another vs. Aniruddh Vishwarkarma) U/s 128 Cr.P.C. in Original Case No. 588 of 2013 (Reena Vishwakarma vs. Aniruddha Vishwakarma) U/s 125 Cr.P.C.

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From the records, it is borne out that the applicant is the husband while the opposite party no.2 is the wife and the opposite part no.3 is the son from the wedlock of the applicant and opposite party no.2 The marriage was solemnized on 12.05.2007. Relations between the applicant and the opposite party no.2 soon after the birth of the child from the wedlock became strained and the opposite party no.2 along with the opposite party no.3 is alleged to have left the matrimonial home on her own accord on 01.08.2012. Thereafter, the opposite party no.2 is stated to have filed a case no. 588 of 2013 U/s 125 Cr.P.C. claiming interim maintenance. The proceedings after exchange of pleadings culminated in an order dated 31.10.2019 passed by the Additional Principal Judge, Family Court, court no.3 Azamgarh declaring the applicant to pay a sum of Rs. 3000/- per month to the opposite party no.2 and a sum of Rs. 2000/- per month to opposite party no.3 as maintenance. The applicant is stated to be complying with the order dated 31.10.2019 by making payments into the bank account of the opposite no.2. Admittedly some default was committed in making the deposits on account of ill health of the applicant. The opposite party meanwhile filed execution case U/s 128 Cr.P.C. on 02.04.2014 alleging that a sum of Rs. 1,15,000/remained to be paid. Recovery warrants have been issued against the applicant by the learned Principal Judge, Family Court, Azamgarh vide order dated 22.1.2025 and 02.05.2025.

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Learned counsel for the applicant submits that he is willing to make the payment of the maintenance dues which have now swelled to a sum of Rs. 2,35,000/-. However, some indulgence be granted by permitting the applicant to make the deposit in

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installments considering his crucial financial position.

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Having heard the learned counsel for the applicant and taking note of the fact that the applicant has expressed his willingness to pay the amount of maintenance awarded regularly and clear the balance also. The court is of the opinion that the applicant deserves some indulgence.

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Accordingly, the effect and operation of the orders dated 22.01.2025 and 02.05.2025 passed by the Principal Judge, Family Court, Azamgarh shall remain stayed provided

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The applicant shall continue to deposit the monthly amount of maintenance awarded by the Family Court vide its order dated 31.10.2019 of Rs. 3000/- per month to opposite party no.2 and Rs. 2000/- per month to opposite party no.3 in the bank account of opposite party no.2

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The applicant shall deposit a sum of Rs. 35,000/- by 15.07.2025 into the bank account of opposite party no.2.

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The applicant shall deposit the balance arrears of Rs. 200000/- in four equal installments of Rs.50,000/- each every two months commencing from 1 August, 2025 in the bank account of opposite party no.2

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In case of default in making any of the deposit as directed above, the protection granted by this Court shall cease to operate and the opposite party no.2 shall be at liberty to recover the amount and the Principal Judge, Family Court, Azamgarh shall pass appropriate orders to execute the recovery.

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Issue notice to opposite party no.2 and 3 returnable within one month.

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Notice on behalf of the State has been accepted by learned AGA.

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List this case on the date mentioned in the notice.

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Order Date :- 12.6.2025 /C. MANI

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Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Aniruddh Viswakarma v. State of U.P. and 2 Others

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Aniruddh Viswakarma v. State of U.P. and 2 Others

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