India

HIGH COURT: Family Court cannot pass unilateral order for maintenance

PRAYAGRAJ

Allahabad High Court  has held  that the Family Court cannot pass a unilateral order for maintenance under Section 125 of CrPC without hearing the other party.While disposing the review petition Mr justice Ram Manohar Narayan Mishra,  canceled the warrant for recovery of outstanding alimony issued against the petitioner.

The Court also directed the Family Court, Agra, to hear the matter again and dispose of the application for maintenance allowance afresh within six months.The court also ordered the petitioner to pay Rs 5,000 per month for the maintenance of his wife and minor son and the outstanding amount of Rs 1 lakh.

According to the facts of the said petition ,the petitioner’s wife filed an application before the Family Court, Agra, under Section 125 of the Code of Criminal Procedure. The court passed an ex-parte order to give Rs 6,000 per month to the wife and Rs 3,000 per month to the minor son. Along with this, an order was given to pay the outstanding amount of Rs 2.52 lakh.

When the petitioner did not pay the amount, the wife filed an application to comply with the order, on which the Family Court issued a recovery warrant. The petitioner filed a review petition against this in the High Court. It was argued on behalf of the petitioner advocate that the Family Court has passed the order unilaterally. He came to know about this after the warrant was issued.

 

Vishal Talwar

Recent Posts

Bullet Discovery At Hyderabad Metro Sparks Police Investigation

A 9 mm bullet was found in a commuter’s bag at Hyderabad’s Moosapet Metro Station,…

1 hour ago

Neurosurgeon Reveals Everyday Habits That Gradually Harm Brain Health

Neurosurgeon Dr Richard Veyna warns that poor sleep, stress, inactivity, and sugary diets can harm…

3 hours ago

Amazon Diwali Sale: Last-Minute Smartphone Deals You Can Grab Before October 20

Amazon Diwali sale ends October 20; grab last-minute deals on Samsung, Apple, OnePlus, Realme, and…

3 hours ago

Government Extends GSTR-3B Filing Deadline By Five Days Owing To Festive Season

The government has extended the GSTR-3B filing deadline to 25 October 2025, giving taxpayers extra…

4 hours ago

Disrespectful And Insensitive: BJP Slams Akhilesh Yadav For Questioning Diwali Expenditure

The BJP on Sunday slammed Akhilesh Yadav for questioning Diwali diya spending, calling his remarks…

4 hours ago

Virat Kohli Returns To International Cricket; Claims Peak Fitness After Hiatus

Virat Kohli returns to international cricket for India’s ODI series in Australia, asserting peak fitness…

6 hours ago