Disposed¶18

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

Allahabad HC2 Jun 2025NA528/5080/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS allowed in part; Family Court order directing 50% maintenance arrears payment and interim maintenance of Rs. 6,000/- per month set aside; costs of Rs. 10,000/- imposed on applicant.

What did the court decide?

Impugned order modified; direction to pay 50% of maintenance arrears set aside; interim maintenance of Rs. 6,000/- per month set aside; applicant directed to pay Rs. 10,000/- as costs within two weeks. ¶18

Vikas Tiwari vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 5080 of 2025

Vikas Tiwari

.....Applicant(s)

Versus

State Of U.P. And 2 Others

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Dhirendra Kumar Srivastava
Counsel for Opposite Party(s)	: G.A.
Court No.- 74

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HON'BLE SANJAY KUMAR PACHORI, J.

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Learned counsel for the applicants submits that due to inadvertence the prayer has been wrongly mentioned.

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Learned counsel for the applicants is permitted to correct the same during the course of hearing.

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Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Rahul Pandey, brief holder for the State and perused material on record.

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The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to modify the impugned order dated 08.11.2023 passed by Principal Judge Family Court, Chandauli in Recall/ Restoration Application No. 321 of 2023, arising out of an application under Section 126(2) of Cr.P.C., whereby the application under Section 126(2) of Cr.P.C. has been allowed on payment of 50% maintenance in installments as well as Rs. 6,000/- per month awarded as interim maintenance.

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Learned counsel for the applicant submits that impugned order has been passed without considering the facts and circumstances and position of law. It is further submitted that the learned trial court directed to deposit 50 % maintenance amount, which is set-aside by the same order in place of imposing cost.

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In view of the facts and circumstances and keeping in mind, the settled position of law, the impugned order dated 08.11.2023 is modified and

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NA528 No. 5080 of 2025

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directed the applicant to pay Rs. 10,000/- as costs payable within two weeks from today. In place of payment of 50% of arrears of maintenance amount and the impugned order of interim maintenance is also set-aside.

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With the aforesaid direction, the present application is, accordingly, disposed off.

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September 22, 2025 Ishan

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

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

Case brief

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

Case brief

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