Saturday, February 4, 2023

Allahabad High Court issues notice to UP govt on date regarding alimony payment

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The Allahabad High Court issues notice to Uttar Pradesh government on a petition regarding whether alimony application under Section 125 Code of Criminal Procedure will be payable from the date of application or from the date of the court’s order.

A Single-Judge Bench of Justice Shekhar Kumar Yadav passed this order while hearing a Criminal Revision filed by Naveen Singhal alias Neetu.

The Counsel for the revisionist submitted that the court below has not recorded any finding regarding the husband having sufficient means to maintain the opposite parties.

He further submitted that the court below has not proceeded to frame any issue regarding the fact as to whether the wife of the revisionist had refused to live with her husband without any sufficient reason.

He lastly submitted that the maintenance cannot be granted from the date of application without recording any special reason in light of the legislative mandate envisaged under Section 125(2) CrPC. In support of his submissions, he places reliance upon the judgment of the the Apex Court in the case of Jaiminiben Hirenbhai Vyas and another Vs Hirenbhai Ramesh Chandra Vyas and another (Criminal Appeal No 2435 of 2014 dated November 19, 2014).

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The Court issued notice to the respondents.

“Till the next date of listing, as an interim measure, it is provided that the revisionist shall pay the maintenance amount from the date of order- January 24, 2022 as fixed by the court below to the opposite party numbers 2, 3 and 4 in place of from the date of application. Put up this case on April 5, 2022 in the additional cause list”

-the Court ordered.

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