Neutral Citation No. - 2025:AHC:74517 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33199 of 2024 Applicant :- Satvinder Kumar Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Sudarshan Singh, learned counsel for the applicant and Sri D.K. Tripathi, learned A.G.A. for the State-respondent no.1 and perused the record. 2. The present application under Section 482 Cr.P.C has been filed by the applicant with a prayer to quash order dated 22.07.2024 passed by Additional Principal Judge, Family Court No.3, Agra in Case No.2369 of 2022 (Smt. Seema vs. Satvinder Kumar) under Section 125 Cr.P.C. District-Agra or to stay the effect and operation of aforesaid order during pendency of the present application. 3. Learned counsel for the applicant submits that marriage of the applicant was solemnized with O.P. no.2 and due to matrimonial discord, his wife/O.P. no.2 filed an application under Section 125 Cr.P.C. on 17.05.209 wherein ex parte order was passed on 08.11.2022. When the applicant came to know about that order, he filed an application u/s 126(2) Cr.P.C. and the court below vide order dated 27.11.2023 restrained the case. Thereafter, O.P. nos.2 and 3 moved another application of grant of interim maintenance, to which the applicant filed an application u/s 125(4) Cr.P.C. seeking dismissal of interim maintenance application of O.P. no.2 on the basis of adultery. Thereafter, the court below has passed order on 22.07.2024 whereby the applicant has been directed to pay 7500/- per month to wife/O.P. no.2 and her minor ₹ daughter/O.P. no.3. The aforesaid order has been impugned in this application on the ground that the court below has passed the order is a very casual manner and awarded highly excessive amount. He further submitted that the financial status of applicant is not so sound that he could pay the maintenance amount awarded by the court below, which is on higher side. 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 ₹7500/- per month for two people (i.e. wife and minor daughter of the applicant), which is considerably meagre amount for the said purpose, hence, no interference is required by this Court in the impugned order. 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 7500/- per month to O.P. no.2 and her ₹ minor daughter/O.P. no.3. 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. The instant application seems to have been filed with the sole intention to delay the proceedings and is nothing but a ploy of not paying the maintenance as awarded by the court below. 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 :- 8.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad