Allahabad High Court reverses Order of Additional Chief Judge of Family Court Deoria granting alimony without determining liability
Allahabad High Court has overturned the order of the Additional Chief Judge of Deoria Family Court granting alimony of Rs 6,000 per month to the wife without determining liability and ordered the provisional alimony to be re-established after hearing both parties.
A lone judge Syed Aftab Husain Rizvi issued this order while hearing a sentencing review filed by Raghvendra Patel.
The criminal law revision is directed against the order of October 14, 2022 issued by the Additional Principal Judge, Family Court, Deoria in Criminal Misc Case under Section 125 Cr.PC, Police Station Tarkulwa, District Deoria.
By the order under appeal, the court below awarded counterparty No.2 provisional alimony of Rs 6,000/- per month.
“Perspective of the contested order reveals that neither party has filed an affidavit of assets and liabilities as required by the Apex Court Order in Rajnesh Versus Neha and another in the criminal appeal ruled on November 4, 2020 .
Without notifying Counterparty #2, as that would serve no useful purpose, and without addressing the merits of the other materials, the contested order may be set aside on that ground alone, and the matter may be remitted to the court below, above to reconsider the preliminary alimony application after taking affidavits detailing the parties’ assets and liabilities,” the court noted, while allowing the appeal motion.
“The Order of 10/14/2022 issued by the Additional Chief Judge, Family Court, Deoria in another criminal case under Section 125 Cr.PC, Tarkulwa Police Station, Deoria District is repealed.
The lower court is ordered to direct the parties to file affidavits regarding assets and liabilities in light of the decision of the Apex Court in Rajnesh Versus Neha and another criminal appeal decided on November 04, 2020 and to reconsider the preliminary alimony request after being granted an opportunity to Hearing of both parties,” ordered the court.
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