Mohd. Ikbal vs State Of U.P. & Another
2017 Latest Caselaw 7135 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 44
 

 
Case :- APPLICATION U/S 482 No. - 37695 of 2017
 

 
Applicant :- Mohd. Ikbal
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rajeev Kumar Rai
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

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

In this case proceedings were instituted against the applicant by opposite party no.2 (wife) under Section 125 Cr.P.C. wherein interim maintenance Rs.6000/- was awarded in favour of the opposite party no.2, which order of payment was being complied with by the applicant regularly. But after a short time, job of the applicant was removed from his service and he became unemployed and was not able to pay the amount of maintenance, therefore, aggrieved by such a situation, applicant moved an application before the court below under Section 127 Cr.P.C. for alteration of the maintenance amount. However, the court below without giving opportunity of hearing and without disposing of the application proceeded further with the recovery warrant for recovery of entire maintenance, which under the facts and circumstances of the case is not justifiable. 

Learned AGA could not dispute the aforesaid facts.

Under the facts and circumstances of the case and considering the claim so made, as above, obviously, if any, application under Section 127 Cr.P.C. has been made by the applicant, then under the facts and circumstances of the case and looking to the claim of the applicant, court below is directed to first disposed of the application of the applicant.

In view of above facts and circumstances of the case, applicant is directed that if any, application for redressal of his grievance (within the domain of under Section 127 Cr.P.C.) is moved before the court concerned within a period of 30 days from today, court below is directed to dispose of same after opportunity of hearing to both the parties.

Till the period of 30 days from today no coercive action shall be taken against the applicant. It is made clear that in case, no such application is moved within the time prescribed, the trial court would be at liberty to proceed further with the case in accordance with law.

It is made clear that the proceeding shall be subject of the order passed under Section 127 Cr.P.C. which the applicant shall follow.

With the above directions/observations, this application is finally disposed of.

Order Date :- 20.11.2017

Raj