SANGEETA AND ANOTHER v. STATE OF U.P. AND 7 OTHERS
NA528/11635/2025 · 2025-04-08
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35939 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51998 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11635 of 2025 Applicant :- Sangeeta And Another Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ved Prakash Pandey, learned counsel for the applicant as well as Sri B.S. Kushwaha, learned AGA for the State.
2. In view of the order which is being proposed to be passed, notices are not being issued to the opposite parties no. 2 to 8.
3. Prayer in the present application is for a direction to the court below to take appropriate action.
4. Learned counsel for the applicant has submitted that post lodging of the proceedings under Sections, 10, 12, 17, 18, 19, 20, 21, 22 of the D.V. Act, an order came to be passed under Section 23 on 08.03.2021 directing interim maintenance to the applicant no. 1 to the tune of Rs. 2,000/- and the applicant no. 2 to the tune of Rs. 1,000/- totaling to 3,000/-. Learned counsel for the applicant submits that till date, the said payments have not been made and the applicant has preferred an application on 06.10.2021 copy whereof is at page 49/50 of the paper book for issuance of non- bailable/recovery warrants.
5. Learned AGA, on the other hand, submits that the order which is being sought to be proceeded with while initiating proceedings for non-bailable warrants or recovery warrants pre-supposes the fact that the order has not been challenged and there is no interim order operating in this regard.
6. Having heard the submissions so made across the bar the application stands disposed of requiring the applicant to prefer an appropriate proceedings before the court below and on the same, the court below shall take necessary action as contemplated under the provisions of D.V. Act, 2005 with most expedition, however, subject to legal impediment, if any. Order Date :- 9.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad