Disposed¶15

Smtshivani Mishra v. State of U.P. and 2 Others

Maintenance – non-payment

Allahabad HC10 Dec 2025NA529/4664/2025

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What is this about?

Allahabad High Court; APPLICATION U/S 529 BNSS No. 4664 of 2025; Shivani Mishra v. State of U.P.; Anil Kumar-X, J.; December 10, 2025; maintenance; Section 125 Cr.P.C. award; Section 128 Cr.P.C. execution; Execution Case No.13 of 2021; order dated 18.9.2025; salary deduction; Chief Medical Officer; contempt; non-compliance; Section 529 BNSS; disposed of.

What did the court decide?

Application under Section 529 B.N.S.S. disposed of with directions that the applicant may file an application before the concerned court regarding non-compliance, and the concerned trial court shall thereupon pass appropriate orders for compliance of its earlier order dated 18.9.2025. ¶15

Smtshivani Mishra vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 529 BNSS No. - 4664 of 2025

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Smtshivani Mishra

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		.....Applicant(s)
State Of U.P. And 2 Others		.....Opposite Party(s)
Counsel for Applicant(s)	:	Sanjay Kumar Dubey
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 87

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HON'BLE ANIL KUMAR-X, J.

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

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Learned counsel for the applicant has submitted that a maintenance case under Section 125 Cr.P.C. was filed by the applicant which was decided in favour of the applicant by awarding maintenance award. From the very inception, when the maintenance case was filed by the applicant, the respondent has not paid a single penny of maintenance amount. Compelled by non-compliance of the maintenance award by the respondent, Execution Case No.13 of 2021 (Smt. Shivani Mishra versus Shiv Kumar) was filed by the applicant under Section 128 Cr.P.C. The said application was disposed of by order dated 18.9.2025, but the respondent/husband had not paid the maintenance amount till date.

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Learned counsel for the applicant has submitted that the order dated 18.9.2025 passed by the trial court clearly indicates that the amount of maintenance has to be recovered from the salary of the respondent/husband and simultaneously a direction was also given to the Chief Medical Officer to deduct the said amount from the salary of the respondent/husband and transfer it in the account of the applicant. However, the said order has not been complied with till date.

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It is apparent from the order dated 18.9.2025 passed by the trial court that the Chief Medical Officer has been directed to deduct the maintenance amount from the salary of the respondent/husband and

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NA529 No. 4664 of 2025

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transfer it in favour of the applicant. The trial court has also mentioned in the order that if the CMO fails to comply with the order dated 18.9.2025, said non-compliance of the order shall amount to contempt of court.

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In the given circumstances, it will be expedient that the applicant herself may file an application before the concerned court if the order of the trial court is not complied with. If such an application is filed by the applicant, the concerned trial court will look into the matter and pass appropriate orders for compliance of its earlier dated 18.9.2025.

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With the aforesaid directions/observations, the application under Section 529 B.N.S.S. is disposed of .

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(Anil Kumar-X,J.)

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December 10, 2025 SK

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Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad

Smtshivani Mishra v. State of U.P. and 2 Others

Case brief

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Smtshivani Mishra v. State of U.P. and 2 Others

Case brief

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