Mohd. Nihal vs State Of U.P. And Another
2021 Latest Caselaw 9912 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 88
 
Case :- APPLICATION U/S 482 No. - 9019 of 2021
 
Applicant :- Mohd. Nihal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Hasan Abbas
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Hasan Abbas, learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

Record shows that opposite party no.2 has filed an application under Section 125 Cr.P.C. for claiming maintenance from applicant who is husband of opposite party no.2 and the application under Section 125 Cr.P.C. was allowed by the Family Court/A.D.J. (Fast Track), Kanpur Dehat vide judgment and order dated 21.9.2017. The applicant was directed to pay Rs.5000/- per month as maintenance to the opposite party no.2 and Rs.2,500/- per month each to the minor children of opposite party no.2. The applicant had failed to pay the maintenance amount as directed by family court dated 21.9.2017 and as such, opposite party no.2 has filed an application under Section 125(3) Cr.P.C. for recovery of arrears as well as maintenance. The order dated 22.11.2018 passed by family court under Section 125(3) Cr.P.C.was challenged by the applicant by filing an Application u/S 482 No.23633 of 2019, which was disposed of by this Court vide order dated 27.6.2019 permitting the applicant to move an application before the court below within ten days and it was directed that no coercive action has been taken against the applicant till disposal of that application. The applicant had moved an application on 5.7.2019 in pursuance of order passed by this Court dated 27.6.2019, which is still pending. It is submitted by learned Counsel for the applicant that the Family Court without deciding the application dated 5.7.2019, had issued recovery warrant for recovery of Rs.4,10,000/-.

In view of the above, Addl. Principal Judge/Family Court, Kanpur Dehat is directed to decide the application filed by the applicant dated 5.7.2019 in Case No.149 of 2017 (Smt. Tabassum Jahan Ara and others Vs. Mohd. Nihal) under Section 125(3) Cr.P.C. within ten days from today.

Office is directed to communicate this order to the Additional Principal Judge, Family Court, Kanpur Dehat through Fax within three days.

With the aforesaid observation and direction, the application u/S 482 Cr.P.C. stands disposed off.

Order Date :- 9.8.2021

S. Singh