Neutral Citation No. - 2025:AHC:63755 Court No. - 87 Case :- APPLICATION U/S 482 No. - 34035 of 2024 Applicant :- Rajchandra @ Kariya Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Balendra Deo Misra Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri B.D. Misra, learned counsel for the applicant, Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 482 Cr.P.C has been filed by the applicant praying for quashing impugned order dated 27.05.2024 passed by Additional Principal Judge, Family Court, Court No.5, Allahabad under Recovery Citation No.41. 3. Learned counsel for the applicant submits that marriage of the applicant was solemnized with O.P. no.2 in the year 2005. He next contended that wife of applicant lived with him till 2013 and out of their wedlock she gave birth to three children, O.P. nos.3 to 5. Thereafter, due to matrimonial discord, his wife/O.P. no.2 filed an application under Section 125 Cr.P.C., which was allowed ex parte vide order dated 29.08.2015, the applicant was directed to pay ₹5000/- per month ( 2000/- to wife/O.P. no.2 and 1000/- ₹ ₹ per month each to the children/O.P. nos.3 to 5). He further submitted that the applicant had no knowledge about passing of the said order, so he did not comply with the same. Thereafter, O.P. no.2 filed application u/s 128 Cr.P.C. for execution of order dated 29.08.2015 wherein the court below has issued recovery certificate for auction of land and seizure of immovable property of the applicant against recovery amount i.e. ₹2,96,000/- for maintenance and attached the landed property of the applicant vide notice dated 27.05.2024, which has been assailed in this application. He next submitted that in pursuance of the recovery notice, the applicant has deposited ₹20,000/- immediately on 29.07.2024, copy of receipt thereof has been enclosed as Annexure 4 to this application. He next contended that the applicant is ready to pay the maintenance amount to his wife and children as per order of the court below in easy installments. In the aforesaid backdrop, he submitted that the impugned order is liable to be set aside. 4. Per contra, learned A.G.A. vehemently opposes the application and contends that the Court below has awarded maintenance of ₹5500/- per month for three people (i.e. wife, minor son and daughter son of the applicant), which is considerably meagre amount for the said purpose, hence, no interference is required by this Court in the impugned orders. 5.To buttress his argument, learned A.G.A. has placed reliance on a judgment passed by Hon'ble Supreme Court in Bhuwan Mohan Singh vs Meena & Ors, AIR 2014 Supreme Court 2875 wherein the Court has held that Section 125 Cr.P.C. was conceived to ensure that a woman, who has left or thrown out of matrimonial house, can sustain herself and her children. The Court further held that concept of sustenance does not necessarily mean "to lead the life of an animal", rather the wife would be entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. 6. In the case in hand, on perusal of the impugned order, it transpires that the trial court had directed the applicant to pay the maintenance amount of 5000/- per month to O.P. nos.2 to 4, ₹ regularly. Even though, learned counsel for the applicant submits that the applicant is ready and willing to pay the said amount, but no cheque or bank draft has been produced before this Court with regard to the said payment. There is nothing on record to show his bonafide except a bald statement that he is ready and willing to pay the entire outstanding amount. 7. In view of aforesaid proposition of law laid down by Hon'ble Apex Court and the facts and circumstances of the case, I find that filing of this application is nothing but pure abuse of process of law and there is no merit in this application as the same has been filed just to delay the payment of dues to the wife. 8. The instant application is, accordingly, dismissed. Order Date :- 25.4.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad