Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 101596 (ALL)

SANJEEV KUMAR JAISAWAL v. State of U.P. AND 2 OTHERS

A482/33040/2024 · 2025-04-22

Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:63425 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33040 of 2024 Applicant :- Sanjeev Kumar Jaisawal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A.,Vishveshwar Mani Tripathi Hon'ble Prashant Kumar,J. 1. Heard Shri M.N. Pathak, learned counsel for the applicant and Shri Shashidhar Pandey, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order dated 04.09.2024 passed by Principal Judge, Family Court, Deoria in Maintenance Case No.1205 of 2023 (Maya Jaiswal and another v. Sanjeev Jaiswal), under Section 125 Cr.P.C., P.S. Kotwali Deoria, District Deoria. 3. Facts which emerge from the record are that the applicant was married to opposite party no.2 according to Hindu Customs and Rites on 23.04.2021, thereafter, due to matrimonial discard she has left her matrimonial house and filed maintenance case under Section 125 Cr.P.C. in which the Court concerned vide order dated 04.09.2024 awarded Rs.15000/- per month as interim maintenance to opposite party nos.2 & 3 each, which is under challenge by means of instant application. 4. Learned Counsel for the applicant submits that the maintenance awarded by the Court concerned is excessive and the applicant is not in position to pay the same. He further submits that the impugned order dated 04.09.2024 has been passed without without applying judicial mind. He also submits that opposite party no.2 has herself left her matrimonial house and thereafter, filed an application for maintenance which has been allowed by the Court concerned without considering the fact that the applicant is not in position to pay the same. He also submits that the impugned order is liable to be quashed. 5. Learned AGA submits that the wife is ready to stay with the applicant but the applicant is not ready to accept her neither he is ready to pay the maintenance. 6. After hearing learned counsel for the parties and perusing the record, this Court is of the view that the impugned order passed by the Court concerned is justified as the applicant has deliberately avoided the Court proceeding and still instead of paying the same chose to file the instant application. 7. I see no reason to interfere in the order passed by the Court concerned. The instant application is, accordingly, dismissed. Order Date :- 23.4.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad