Raghunandan Singh v. State of U.P. and 2 Others

Court No. - 86 Case :- APPLICATION U/S 482 No. - 28926 of 2023 Applicant :- Raghunandan Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raj Kumar Mishra Counsel for Opposite Party :- G.A.,Anand Pati Tiwari Hon'ble Rajiv Gupta,J.

¶1Heard learned counsel for the applicant, learned AGA for the State, Shri Anand Pati Tiwari, learned counsel for the opposite party no.2 and perused the record.

¶2This application under Section 482 CrPC has been filed with the prayer to quash the order dated 16.05.2023 passed by Principal Judge, Family Court, Auraiya in Case No. 68 of 2015 (Smt. Ruby @ Neeraj Kumari Vs. Raghunandan Singh), under Section 125 CrPC as well as not to take any coercive action against the applicant for recovery of maintenance amount in pursuance of the order dated

16.05.2023.

¶3Learned counsel for the applicant has submitted that applicant is the husband of opposite party no.2 and an amount of Rs.3,12,000/- was due to be paid to the opposite party no.2. Out of the said sum, Rs.1,25,000/- has already been paid to her and the applicant is ready to pay rest of the balance amount but in installments.

¶4Learned counsel for the opposite party no.2 has also appeared and has submitted that balance amount of Rs.1,87,000/- be paid by the applicant to the opposite party no.2 in installments @ Rs.10,000/- per month.

¶5In view of the above, applicant is directed to pay a sum of Rs.10,000/- every month along with monthly maintenance amount of Rs.3,000/- to the opposite party no.2 till the entire balance amount of Rs.1,87,000/- is paid.

¶6With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

¶7In case of any default, said arrangement made by this Court shall stands vacated and the court below shall free to realize the arrears of maintenance amount, as per law. Order Date :- 30.10.2023/Nadim High Court of Judicature at Allahabad