Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 96731 (ALL)

ANITA v. STATE OF U.P. AND ANOTHER

CRLR/5679/2025 · 2025-09-18

Subhash Chandra Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5679 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the revision and set aside the order dated 09.07.2025 passed by Principal Judge, Family Court, Azamgarh in Execution Case No.313 of 2025 (Anita vs. Amit) under SEction 128 Cr.P.C./147 B.N.S.S., Police Station Kandhrapur, District Azamgarh and further be pleased to direct the Principal Judge, Family Court, Azamgarh to allow the Execution Case No.313 of 2025 (Anita vs. Amit) filed by revisionist under Section 128 Cr.P.C./147 B.N.S.S., Police Station Kandhrapur, District Azamgarh in toto and also prays to stay the effect and operation of the order dated 09.07.2025. It is submitted by learned counsel for the revisionist that in this case the amount of maintenance was in arrears regarding which an application for realization of amount was moved before learned trial court which was registered as Case No.181/2020 for the amount Rs.1,14,000/- which was decided by it on 09.01.2025 on the basis of full satisfaction. The revisionist again filed an application for realization of further amount on 06.03.2025 for recovery of total amount Rs.1,65,000/- as arrears but it was rejected by the learned trial court by order dated 09.07.2025 on the ground that after filing of application only five months passed but the amount said to be realized was more than that. The order passed by learned trial court cannot be said to be lawful since the entire amount of maintenance was Rs.1,65,000/- which was claimed by the revisionist before the learned trial court but without Versus Counsel for Revisionist(s) : Ajay Kumar Rai Counsel for Opposite Party(s) : G.A. Anita .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) considering this fact it rejected the application. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and the order passed by the learned trial court dated 09.07.2025, it appears that the application registered as Case No.181/2020 for the amount of Rs.1,14,000/- was decided by the learned trial court by order dated 09.01.2025 on full satisfaction. Second application was moved by the revisionist for the recovery of amount of Rs.1,65,000/- which has been rejected by the learned trial court but option has been given to him to file fresh application for recovery of amount of maintenance. Since opportunity has been given by the learned trial court itself to the revisionist to file a fresh application, therefore, he is directed to file such application before the learned trial court that will be decided by the learned trial court, in accordance with law. Accordingly, this criminal revision is disposed of finally. September 19, 2025 Ashok Gupta CRLR No. 5679 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad