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

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

What the court decided

AI extract

Outcome

Matter remitted back to the Family Court concerned with the direction that if the applicant deposits Rs. 4,000/- as cost within two weeks from the date of the order, the orders dated 13.06.2025 and 11.09.2025 be recalled and the matter proceed after giving opportunity of hearing to both the parties, subject to their cooperation, if there is no other legal impediment; application disposed of with these directions.

Issue for consideration

Whether the application under Section 528 BNSS seeking quashing of the entire maintenance proceedings and the orders dated 09.04.2025, 13.06.2025 and 11.09.2025 passed in Case No. 1160 of 2022 (Poonam Devi Vs. Sablu Patel) under Section 125 Cr.P.C. should be allowed. +1 more

Court's answer

With the aforesaid directions (conditional remission and recall), the application was disposed of; the entire proceedings and the orders sought to be quashed were not quashed by this Court.

Ratio / Principle

In the interest of justice, the matter was remitted back to the Family Court concerned with the direction that the applicant deposit the cost of Rs. 4,000/- within two weeks from the date of the order.

Key takeaways

Upon deposit of the said cost, the orders dated 13.06.2025 and 11.09.2025 were directed to be recalled and the matter to proceed after giving opportunity of hearing to both the parties, subject to their cooperation and provided there is no other legal impediment.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), November 25, 2025 — Application U/S 528 BNSS No. 46608 of 2025, Sablu Patel v. State of U.P. and Another: The applicant sought quashing of the entire maintenance proceedings and of orders dated 09.04.2025 (interim maintenance of Rs. 4,000/per month, Interim Maintenance Application No. 8V dated 29.08.2024), 13.06.2025 (ex parte direction following his non-presence) and 11.09.2025 (rejection of his recall application) passed by the Principal Judge (Family Court), Varanasi in Case No. 1160 of 2022 (Poonam Devi Vs. Sablu Patel) under Section 125 Cr.P.C. The Court remitted the matter to the Family Court, directing that upon the applicant depositing Rs. 4,000/- as cost within two weeks, the orders dated 13.06.2025 and 11.09.2025 stand recalled and the matter proceed with opportunity of hearing to both parties, subject to their cooperation and absence of any other legal impediment; the application was disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46608 of 2025

Sablu Patel

.....Applicant(s)

	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Ashish Kumar Gupta
Counsel for Opposite Party(s)	:	G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

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

The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the entire proceedings as well as order dated 09.04.2025 passed in Interim Maintenance Application No. 8V dated 29.08.2024 and further may be pleased to quash the order dated 13.06.2025 as well as order dated 11.09.2025 passed by Principal Judge (Family Court) Varanasi in Case No. 1160 of 2022 (Poonam Devi Vs. Sablu Patel) under Section 125 Cr.P.C., Police Station-Sindhora, District-Varanasi.

It has been submitted by learned counsel for the applicant that in an interim maintenance application on 09.04.2025, the learned Principal Judge (Family Court), Varanasi ordered the payment of interim maintenance of Rs. 4,000/per month after hearing both the parties. On 13.06.2025 due to non-presence of the applicant, the learned Family Court has directed to proceed ex parte and even the recall application moved by the applicant has been rejected vide order dated 11.09.2025.

Considering the aforesaid facts and circumstances and in the interest of justice, the matter is hereby remitted back to the Family Court concerned with the direction that in case the applicant deposits the cost of Rs. 4,000/within two weeks from the date of the order, the orders dated 13.06.2025 and 11.09.2025 be recalled and the matter shall proceed after giving opportunity of hearing to both the parties and subject to their cooperation if, there is no other legal impediment.

NA528 No. 46608 of 2025

2

With the aforesaid direction, the application is disposed of .

November 25, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad