Disposed¶19

Abdul Kadir Alias Kadir Khan v. State of U.P. and 3 Others

Allahabad HC20 Jul 2025NA528/6010/2025

Case brief

AI extract

What is this about?

Allahabad High Court (Anish Kumar Gupta, J.), Application U/S 528 BNSS No. 6010 of 2025, decided 21.7.2025 — quashing of Section 125(3) Cr.P.C. order dated 07.03.2020 refused; maintenance arrears (Rs. 4,000/- wife, Rs. 1,000/- each child, awarded 11.10.2018) unpaid since 2016; applicant directed to approach trial court for installment payment of arrears; inherent jurisdiction Section 482 Cr.P.C./Section 528 BNSS; Abdul Kadir Alias Kadir Khan vs. State of U.P.; District Hapur.

What did the court decide?

Application disposed of; no interference with the impugned order. Applicant directed to appear before the trial court and may seek payment of arrears of maintenance in installments, to be considered by the trial court in accordance with law. ¶19

Abdul Kadir Alias Kadir Khan Vs State of U.P. and… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:117712

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(SL No.12)

Court No. - 78

Case :- APPLICATION U/S 528 BNSS No. - 6010 of 2025

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Applicant :- Abdul Kadir Alias Kadir Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. On the last date of hearing the following order was passed:

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"1. Heard Sri Abhishek Gupta, learned counsel for the applicant and Sri Rizwan Ahmad, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 07.03.2020 issued in Case No. 80 of 2019 (Smt. Nisha Praveen and 2 Other vs. Abdul Kadir) under Section 125(3) Cr.P.C., P.S.- Babugarh District- Hapur.

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3. Learned counsel of the applicant submits that he is the husband of the opposite party no.2 and the father of the opposite parties no.3 and 4. In the proceedings under Section 125 Cr.P.C., maintenance at the rate of Rs. 4,000/- was awarded to the opposite party no. 2 and Rs. 1,000/- each to the opposite party no.3 and 4, vide judgement and order dated 11.10.2018. Nothing has been paid by the applicant to the opposite parties. Learned counsel for the applicant further submits that he still wants to keep his wife and children alongwith him.

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4. From the record, it is apparent that the application under Section 125 Cr.P.C. was filed in the year, 2016. Since then, neither the applicant has paid any amount to the opposite parties and nor has taken care of them.

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5. In view of the aforesaid and further a nominal amount was awarded as maintenance to the opposite parties, this Court declines to interfere with the said order. However, learned counsel for the applicants submits that he would take appropriate instructions whether the applicant is ready and willing to deposit entire arrears of maintenance as awarded by the court below so that the matter could be referred to mediation.

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6. In view thereof, put up this matter on 21.07.2025 as fresh."

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2. Learned counsel for the applicant on instructions received submits that the

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applicant herein is not in a position to deposit the entire arrears as directed in the aforesaid order. However, learned counsel for the applicant submits that the applicant would be in a position to deposit if some installments are fixed.

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3. Since, this Court has already expressed its opinion in the previous order, looking at the nominal amount of award as maintenance, this Court is not inclined to interfere in the matter. In view thereof, the applicant is directed to appear before the trial court concerned and may make the request for payment of arrears of maintenance in the installments, which would be considered by the trial court in accordance with law.

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4. The instant application is disposed of accordingly.

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Order Date :- 21.7.2025 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Abdul Kadir Alias Kadir Khan v. State of U.P. and 3 Others

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Abdul Kadir Alias Kadir Khan v. State of U.P. and 3 Others

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