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.”
