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Neutral Citation No. - 2025:AHC:78999 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 11382 of 2024 Petitioner :- Khalillur Rahman Respondent :- Joya Rahman And Another Counsel for Petitioner :- Dileep Kumar Srivastava Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following prayers:
"(i) Set aside the order dated 04.07.2022 in Maintenance Case No. 199 of 2016 under Section 125 Cr.P.c. (Smt. Parveen Bano and others vs. Khalilull Rahmad and others) to accept the due amount of arrear in favour of the respondent No. 1 in easy installment and permit to deposit the said amount in Sukanya Samridhi Khata (In State Bank of India, Bansi) which is already opened and deposited amount of Rs. 2,52,728/- in the name of Respondent No. 1, after the order of maintenance case. (ii) Directing and commanding to the court concerned to consider and decide the application 4Ka/3 dated 04.01.2024 of the petitioner under Section 127(1) and 125(3) Cr.P.C. in accordance with law having the Misc. Case No. 002 of 2024 pending before the Principal Judge, Family Court, Siddharth Nagar and not to adopt any coercive measure to levied the arrear amount of the maintenance to the petitioner." It has been submitted by learned counsel for the petitioner that petitioner is the father of respondent no. 1-Joya Rahman, aged about 11 years and is his minor daughter. Due to matrimonial discord, she is residing with Respondent No. 2-Parveen Bano (earlier wife of the petitioner). It has also been submitted that the learned Principal Judge, Family Court, Siddharth Nagar in its order dated 04.07.2022 had
directed to pay Rs. 11,000/- per month to the respondent no. 1-Joya Rahman from the date of application i.e. 06.05.2016 which the petitioner is regularly paying in her SBI Savings Bank Account No. 41191372156 in favour of respondent no. 1, Joya Rahman. Further, it has been submitted that the petitioner being the father of minor corpus, has opened
Sukanya Samridhi Khata in State Bank of India, Bansi and deposited the amount of Rs. 2,52,728/- in favour of respondent no. 1-Joya Rahman. The amount deposited in the account shall be utilised by respondent no. 1 after attaining her majority. The petitioner shall continue paying the remaining arrears of maintenance in three easy installments. Let this order be placed before the Principal Judge, Family Court, Siddharth Nagar to be kept on record and may pass appropriate order, if required. With the aforesaid directions, the writ petition is disposed of. Registrar (compliance) to ensure the compliance of the aforesaid order without fail.
Order Date :- 14.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad