HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 40223 of 2024 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Third supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party nos. 2 and 3. 3. The present application under Section 482 Cr.P.C. has been filed to set aside the order dated 23.09.2024 passed by the Additional Principal Judge, Family Court No. 1, Agra in Case No. 2133 of 2023 (Smt. Karuna Rani Vs. Shyamsunder), under Section 125 Cr.P.C., pending before the court of Additional Principal Judge, Family Court No. 1, Agra. 4. It is submitted by learned counsel for the applicant that marriage of the applicant was solemnized with the opposite party no. 2 as per Hindu rites in very simple manner. She filed a case under Section 125 Cr.P.C. regarding maintenance, which was registered as Case No. 471 of 2017 (Smt. Karuna Rani Vs. Shyamsunder). The said case was decided by the learned Additional Principal Judge, Family Court, Agra vide judgment and order dated 26.05.2023 by which the applicant was directed to pay Rs.10,000/- per month to the opposite party no. 2 and Rs. 5,000/- per month to the opposite party no. 3. The applicant has not challenged the said order. The opposite party no. 2 filed an application under Section 125 Cr.P.C. regarding recovery of arrears of maintenance amount, which was registered as Case No. 2133 of 2023. The applicant is working in cooperative department in Uttar Pradesh and receives Rs.50,590/- per month after all deduction. It is further submitted that his father Kali Charan has filed an application for his maintenance under Section 125 Cr.P.C. against the applicant, which was allowed by the learned Principal Judge, Family Court, Agra vide judgment Versus Counsel for Applicant(s) : Abhishek Dubey, Jai Raj Counsel for Opposite Party(s) : G.A., Suvash Ram Shyam Sunder .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) and order dated 02.04.2018 and the applicant was directed to pay Rs. 15,000/- per month as maintenance to his father. There was due of Rs. 8,14,000/- on the applicant in which he paid Rs. 81,000/- and remaining amount of Rs. 7,33,000/- is remained to be paid. The applicant is ready to make payment of the arrears in monthly installment of Rs.30,000/- per month. He filed an application before the learned Principal Judge, Family Court, regarding the same but the same was dismissed vide order dated 23.09.2024. The learned Family Court has not taken into consideration that the applicant is not in position to pay the entire arrears in lumpsum. The said order is bad in law and not liable to be sustained, therefore, the same is liable to be set aside. 5. Per contra, learned counsel for the opposite party no. 2 opposed the submission made by learned counsel for the applicant and submitted that the marriage of the opposite party no. 2 was solemnized with the applicant according to Hindu rites and a son was born out from their wedlock.The applicant never paid towards maintenance amount for the opposite party nos. 2 and 3. The opposite party no. 2 filed an application under Section 125 Cr.P.C. in the year 2017 but the applicant made every possible effort to prevent the decision of the case but the same was decided on 26.05.2023 and the applicant was directed to pay Rs. 10,000/- per month to the opposite party no. 2 and Rs. 5,000/- per month to the opposite party no. 3. The applicant is not only son of his father. He has two brothers. The father of the applicant by legal discussion, filed an application under Section 125 Cr.P.C.. The applicant has sufficient resources to pay the maintenance amount in favour of opposite party nos. 2 and 3 but he is not interested to making payment of maintenance amount. The salary of the applicant is more than Rs. 80,000/- per month. He has sufficient resources to pay the maintenance amount. The learned Family Court has not committed any illegality in passing the impugned order. 6. As per fact of the case, marriage of the applicant was solemnized with the opposite party no. 2 as per Hindu rites. The opposite party no. 3 was born out from this wedlock. The opposite party no.2 filed an application under Section 125 Cr.P.C., which was registered as Maintenance Case No. 471 of 2017. The said application was decided vide judgment and order dated 26.05.2023 and the applicant was directed to pay Rs. 10,000/- per month to the opposite party no. 2 and Rs. 5,000/- per month to the opposite party no.3. Thereafter the Opposite Party No. 2 filed an application under Section 125(3) Cr.P.C. regarding arrears of maintenance amount. The applicant filed an application with the prayer that he is ready to deposit Rs.30,000/- per A482 No. 40223 of 2024 2 month towards arrears of maintenance, which was dismissed by the impugned order. The learned family court has given detail reasoning in the impugned order. 7. Moreover, it is pertinent to mention here that the applicant has filed pay slip of three months by supplementary affidavit. As per pay slip, pay of the applicant is as; basic pay 52000, D.A. 30,160/-, H.R.A. and 4040. As per pay slip, gross pay of the applicant is about Rs. 82,000/- per month. The applicant is also contributing Rs.26,000/- per month in G.P.F. account, which is more than minimum requirement. Even the applicant is an able bodied person and he has sufficient resources to pay the arrears of maintenance amount. Learned family court has not committed any illegality in passing the impugned order. 8. Present application u/s 482 Cr.P.C. being devoid of merit is accordingly dismissed. March 16, 2026 Rmk. A482 No. 40223 of 2024 3 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad