Disposed¶10

Ajay Tiwari v. State of U.P. and 2 Others

Allahabad HC14 May 2025NA528/3708/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; Section 125(3) Cr.P.C.; recovery warrants; arrears of maintenance; payment in installments; Family Court Kanpur Nagar; Misc. Case No. 851 of 2024; Seeta Tiwari vs Ajay Tiwari; Ajay Tiwari vs State of U.P.; Krishna Kant Upadhyay; prayer not pressed; disposed; Allahabad High Court; APPLICATION U/S 528 BNSS No. 3708 of 2025; decision dated 15.5.2025.

What did the court decide?

No relief on merits (prayer not pressed); direction issued that if the applicant applies before the Family Court concerned within two weeks to pay/deposit the maintenance arrears in installments, that application shall be considered and decided expeditiously in accordance with law. ¶10

Ajay Tiwari Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the recovery warrants issued against the applicant by the Family Court's order dated 22.11.2024 (in maintenance proceedings under Section 125(3) Cr.P.C.) could be interfered with through this application under Section 528 BNSS. +1 more

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Court's answer

After arguing at some length, counsel for the applicant submitted that the prayer made in the application was not being pressed and sought permission for the applicant to deposit the arrears of maintenance in reasonable installments; the Court proceeded to dispose of the matter on that basis without adjudicating the challenge to the recovery warrants.

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Ratio / Principle

It was directed that in case the applicant moves an application before the Family Court concerned within two weeks from the date of the order to pay/deposit the arrears of maintenance in installments, the Family Court shall consider and decide such application expeditiously in accordance with law.

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Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.) — Application under Section 528 BNSS (No. 3708 of 2025) against order dated 22.11.2024 of the Additional Principal Judge, Family Court, Court No. 4, Kanpur Nagar in Misc. Case No. 851 of 2024 (Seeta Tiwari and Another Vs. Ajay Tiwari) under Section 125(3) Cr.P.C., whereby recovery warrants were issued against the applicant for maintenance arrears. After argument, counsel for the applicant stated the prayer was not being pressed and sought leave to deposit the arrears in reasonable installments. The Court disposed of the application directing that if the applicant moves the Family Court within two weeks to pay/deposit the arrears in installments, the same shall be considered and decided expeditiously in accordance with law. Order dated 15.5.2025.

Ajay Tiwari v. State of U.P. and 2 Others

Case brief

What is this about?

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Ajay Tiwari v. State of U.P. and 2 Others

Case brief

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