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Government Servant Cannot Take Advantage of COVID19 Pandemic: Allahabad HC

by Law Trend
January 24, 2021
in Court Updates, Trending Stories
2 min read
COVID 19 (1)
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The Allahabad High Court while rejecting an application under Section 482 CrPC challenging the recovery warrants for arrears of maintenance observed that

“Applicant being a government servant, who is in receipt of a monthly salary paid by the State, cannot take advantage of the disturbance of livelihood created for many others by the COVID-19 pandemic. On the other hand, default in payment of the interim maintenance would put the second opposite party, the applicant’s wife, in much hardship and distress.”

The Applicant being a Constable in the Provincial Armed Constabulary and a

Government servant had challenged the recovery warrant for arrears of maintenance that have accumulated to a sum of Rs.49,000/-. The family court had directed for payment of monthly maintenance at the rate of Rs. 7000 per annum.

Hon’ble Justice JJ Munir of Allahabad High Court rejecting the application osberved:

“default in payment of the interim maintenance would put the second opposite party, the applicant’s wife, in much hardship and distress. That apart, the recovery warrant is a mere process and in the absence of a challenge to the substantive order awarding interim maintenance, it would not be much open to this Court to interfere with a mere process where the right is not in dispute.”

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Tags: Allahabad High Courtcovid19trend2

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