The Allahabad Supreme Court notifies the Government of Uttar Pradesh of a request as to whether a maintenance claim under Section 125 of the Code of Criminal Procedure is payable from the date of the request or from the date of the court order.
A single judge of the judiciary, Shekhar Kumar Yadav, passed the order while hearing a sentencing review filed by Naveen Singhal aka Neetu.
The Revisionist’s counsel argued that the Court of Appeal made no finding that the husband had sufficient funds to support the opposing parties.
He further argued that the Court of Appeals had not raised a question as to whether the Revisionist’s wife had refused to live with her husband without sufficient reason.
Finally, he argued that, with regard to the statutory mandate provided for in Section 125(2) of the Code of Criminal Procedure, maintenance could not be granted from the day the application was made without stating a special reason. In support of his argument he relies on the Apex Court judgment in Jaiminiben Hirenbhai Vyas and Others v. Hirenbhai Ramesh Chandra Vyas and Others (Criminal Appeal No 2435 of 2014 of 19 November 2014).
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The court issued a decision to the defendants.
“Until the next listing date, as an interim measure, the Revisionist will pay the alimony amount determined by the Court of Appeals January 24, 2022 to Counterparty Numbers 2, 3 and 4 instead of from the filing date. Add this case to the additional cause list on April 5, 2022”
-ordered the court.
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