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Allahabad High Court quashes order by Additional Principal Judge, Family Court, Deoria granting alimony without fixing the liability

The Allahabad High Court has quashed the Additional Principal Judge, Family Court, Deoria order granting alimony of Rs 6,000 a month to the wife without fixing the liability and directed to fix afresh the interim alimony after hearing to both the parties.

A Single Bench of Justice Syed Aftab Husain Rizvi passed this order while hearing a Criminal Revision filed by Raghvendra Patel.

The criminal revision is directed against the order dated 14.10.2022 passed by the Additional Principal Judge, Family Court, Deoria in Criminal Misc Case under Section 125 Cr.P.C, Police Station Tarkulwa, District Deoria.

By the impugned order, the court below has awarded Rs 6,000/-monthly interim maintenance to opposite party no 2.

“Perusal of impugned order reveals that neither of the parties have filed any affidavit of assets and liabilities as required by the direction of the Apex Court in Rajnesh Versus Neha and another in Criminal Appeal decided on November 4, 2020 which is necessary.

So without issuing notice to opposite party no 2 as no useful purpose would be served and without going into the merits of the other materials, the impugned order is liable to be set aside on this ground alone and the matter may be remitted back to the court below to decide the interim maintenance application afresh, after taking affidavits of assets and liabilities of the parties”, the Court observed while allowing the revision petition.

“The order dated 14.10.2022 passed by the Additional Principal Judge, Family Court, Deoria in Criminal Misc Case under Section 125 Cr.P.C, Police Station Tarkulwa, District Deoria is set aside.

The court below is directed to direct the parties to file affidavits of assets and liabilities in the light of decision of the Apex Court in Rajnesh Versus Neha and another in Criminal Appeal decided on November 04, 2020 and decide the interim maintenance application afresh, after affording opportunity of hearing to both the parties”, the Court ordered.

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