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MA No. 2990 of 2017. Case: Ramji Singh Yadav Vs State of U.P. and Others. High Court of Allahabad (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberMA No. 2990 of 2017
CounselFor Appellant: Umesh Kumar Rai, Adv.
JudgesManoj Misra, J.
IssueCriminal Procedure Code - Sections 125, 128
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)

Judgment:

Manoj Misra, J.

Heard learned counsel for the petitioner and perused the record.

The present petition has been filed challenging the order dated 09.01.2017 passed by the Principal Judge, Family Court, Ghazipur by which an objection taken by the petitioner to the recovery proceeding initiated by the opposite party no.2 pursuant to the order of maintenance granted under Section 125 Cr.P.C., has been rejected. The petitioner has also challenged the order dated 28.03.2017 by which recovery warrant has been directed to be issued against the petitioner for non payment of the maintenance amount allowed to the opposite party no.2 under Section 125 Cr.P.C.

It appears that case no. 12 of 2007 was filed by the opposite party no.2 against the petitioner for maintenance under Section 125 Cr.P.C. In the maintenance proceeding, apart from other grounds, the petitioner had taken a plea that the opposite party no.2-Smt. Kalawati Devi had married one Ram Niwas Yadav and had been living with him in adultery and therefore she was not entitled to maintenance. The aforesaid plea was not accepted by the court concerned and vide order dated 29.10.2007 maintenance at the rate of Rs. 1,500/- per month was allowed against which revision was filed which was dismissed on 09.09.2010.

Aggrieved by the aforesaid order, it appears that the petitioner filed a writ...

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