Rajeev Kumar vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

Rajeev Kumar vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS disposed of on counsel's undertaking: arrears and the amount directed by the Domestic Violence Act order to be deposited within one month; future maintenance paid month by month before the 15th of every month from 1st December 2025; Rs.60,000/- compensation to opposite party no.2 deposited in four equal monthly installments of Rs.15,000/- each (due 15.11.2025, 15.12.2025, 15.1.2026, 15.2.2026); arrest warrant kept in abeyance for one month; on default the arrangement automatically vacates and the court concerned may proceed in accordance with law.

Issue for consideration

Whether, notwithstanding the pending appeal against the Domestic Violence Act order dated 24.9.2024 and the initiated recovery proceedings, the compensation of Rs.60,000/- may be permitted to be deposited in four equal installments and the monthly amounts (Rs.5000/- and Rs.1500/-) with any arrears be paid/cleared on a staggered schedule. +1 more

Court's answer

In view of counsel's statement, the amount as directed by the order dated 24.9.2023 passed in Case No.3566 of 2018 (Baby and another Vs. Rajeev Kumar and others) together with the arrears shall be deposited within one month.

Ratio / Principle

Future installments of maintenance shall be paid month by month before the 15th of every month, starting from 1st December, 2025.

Key takeaways

The compensation of Rs.60,000/- payable to opposite party no.2 shall be deposited in four equal monthly installments of Rs.15,000/- each, on or before 15.11.2025, 15.12.2025, 15.1.2026 and 15.2.2026 respectively.ratio¶15
On any default in payment as undertaken, the arrangement shall stand automatically vacated without further reference to this Court, and the court concerned shall be at liberty to proceed with the case in accordance with law.ratio¶16
The arrest warrant of the applicant shall be kept in abeyance for a period of one month to enable him to deposit the arrears, maintenance and the first installment of compensation.

Detailed headnote1 paragraphs

Allahabad High Court (Vikram D. Chauhan, J.) disposed of an application under Section 528 BNSS (No. 42151 of 2025) by Rajeev Kumar seeking setting aside of the order dated 16.09.2025 of the Judicial Magistrate, Village Court, Tehsil Chauri Chaura, Gorakhpur, passed on the Application dated 04.02.2025 in Case No.3566 of 2018 (Baby Vs. Rajeev Kumar), together with the entire execution proceeding under Section 461 BNSS. Counsel submitted that an order dated 24.9.2024 under Section 12 of the Domestic Violence Act had directed Rs.60,000/- as one-time compensation to opposite party no.2, Rs.5000/- per month to opposite party no.2 and Rs.1500/- per month to opposite party no.3; an appeal was stated to be pending before the appellate court and recovery proceedings had meanwhile been initiated. Accepting counsel's undertaking, the Court directed that the amount so directed and the arrears be deposited within one month; that future maintenance installments be paid month by month before the 15th of every month starting 1st December, 2025; and that the Rs.60,000/- compensation be deposited in four equal monthly installments of Rs.15,000/- each on or before 15.11.2025, 15.12.2025, 15.1.2026 and 15.2.2026. The applicant's arrest warrant was kept in abeyance for one month; on any default the arrangement automatically vacates and the court concerned may proceed in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 42151 of 2025

Rajeev Kumar

.....Applicant(s)

	Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Araf Khan, Sonakshi Arora
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicants and learned AGA for the State.

This application has been filed by applicants for setting aside the impugned order dated 16.09.2025 passed by learned Judicial Magistrate, Village Court, Tehsil Chauri Chaura, Gorakhpur on the Application dated 04.02.2025 in Case No.3566 of 2018 (Baby Vs. Rajeev Kumar) and the entire proceeding of the execution case under Section 461 BNSS.

After some argument, learned counsel for applicant submits that by order dated 24.9.2024, the court concerned under Section 12 of Domestic Violence Act has passed an order directing payment of Rs.60,000/- as compensation as one time measure to the opposite party no.2 and further the amount of Rs.5000/- per month directed to be paid to opposite party no.2 and the amount of Rs.1500/- per month directed to be paid to opposite party no.3. Learned counsel for applicant submits that although appeal is pending against the aforesaid order dated 24.9.2024 before the appellate court, however, in the meantime, recovery proceedings have been initiated.

3-A. The submission of learned counsel for applicant is to the effect that amount of Rs.60,000/- may be permitted to be deposited in four equal installments and amount of Rs.5000/- per month and Rs.1500/- per month payable to opposite party nos.2 and 3 as per order dated 24.9.2024 would be paid by the applicant month by month and if there is any arrears, the

NA528 No. 42151 of 2025

2

same would be cleared within one month.

In view of statement of learned counsel for applicant, the amount as directed by order dated 24.9.2023 passed in Case No.3566 of 2018 (Baby and another Vs. Rajeev Kumar and others) and the arrears be deposited within one month. Future installments of maintenance be paid month by month before 15th of every month starting from 1st December, 2025. Insofar as amount of Rs.60,000/- as compensation to opposite party no.2 is concerned, the same would be deposited in four equal monthly installments of Rs.15,000/- each, first installment would be deposited on or before 15.11.2025, second installment be deposited on or before 15.12.2025, third installment be deposited on or before 15.1.2026 and fourth installment be deposited on or before 15.2.2026.

In default in payment of the amount, as undertaken by learned counsel for applicant before this Court, the court concerned would be at liberty to proceed with the case in accordance with law. The arrest warrant of applicant shall be kept in abeyance for a period of one month in order to enable the applicant to deposit the arrears as well as maintenance and first installment of compensation. If there is any default, the aforesaid arrangement shall stand automatically stands vacated without further reference to this Court.

With the aforesaid observation/direction, the application under Section 528 BNSS is disposed of.

(Vikram D. Chauhan,J.)

November 6, 2025

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad