BABY SHREYA PANDEY THRU. MOTHER MRS. SOMA PANDEY AND ANOTHER v. MR. AMIT KUMAR YADAV, SPECIAL CJM LKO. AND ANOTHER
/1230/2025 · 2025-10-14
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 201518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 201518 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1230 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present contempt application has been preferred for alleged non- compliance of the judgment and order of the Writ Court dated 09.01.2025 passed in Matters under Article 227 No. 4070 of 2023. The relevant part of the judgment and order dated 09.01.2025 is being reproduced hereinbelow:-
"8. To get the case decided earliest is a right of the parties and, therefore, by giving the above direction this Court has only reminded the trial court of its duty to dispose of the case at the earliest. So far as observation of this Court in concluding para with regard to the arrears of amount, shown to be about Rs. 10 Lac which has been disputed by the respondent no. 2, it is clarified that the trial court shall now proceed to recover the arrears of maintenance amount whatever is due upon respondent no. 2, strictly in accordance with law. It is further clarified that the quantum of maintenance to be recovered from the respondent no. 2 is to be calculated by the trial court strictly in accordance with law and the same, if recoverable legally, shall be recovered from the respondent no. 2." Ms. Manjari, Advocate holding brief of Shri Gaurav Mehrotra, learned counsel for the respondent no. 1 has submitted that a compliance affidavit has been filed before this Court on 08.09.2025 enclosing therewith the orders passed by the respondent no. 1 wherein it has been mentioned that Versus Counsel for Applicant(s) : Shashank Dwivedi, Mukul Sudhir Pandey, Pratyush Mishra, Shashi Dwivedi Counsel for Opposite Party(s) : Gaurav Mehrotra, In Person, Sri Suresh Pandey (In Person) Baby Shreya Pandey Thru. Mother Mrs. Soma Pandey And Another .....Applicant(s) Mr. Amit Kumar Yadav, Special Cjm Lko. And Another .....Opposite Party(s)
after the determination, it was found that there are dues of Rs. 11 lakhs against the respondent no. 2 and on non-payment of the same, a recovery warrant has been issued on 03.05.2025, thus, the judgment and order of the Writ court has been complied with. On the other hand, learned counsel for the applicant is unable to dispute the submissions advanced on behalf of respondent no. 1, however, she submitted that the judgment and order dated 09.01.2025 has not been complied with by the respondent no.
2 i.e. husband of the applicant. On being asked to show any direction issued by the Writ Court against the respondent no. 2, learned counsel for the applicant has started reading prayer clause mentioned in the order and unable to show any direction issued to the respondent no. 2 by the Writ court for making payment. After hearing learned counsel for the parties and going through the material available on record, it has been found that the respondent no. 1, who has been directed by the Writ court, has complied with the judgment and order of the Writ Court and there is no direction for respondent no. 2 hence, present contempt application has become infructuous and the same is hereby dismissed, as such. Notice issued, if any, stands discharged. October 14, 2025 Ashish CAPL No. 1230 of 2025 2 (Manish Kumar,J.) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench