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Neutral Citation No. - 2025:AHC:74803
Court No. - 87 Case :- APPLICATION U/S 482 No. - 33317 of 2024 Applicant :- Satish Sharma Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Indrajeet Kumar Shukla,Kaushal Mishra Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Indrajeet Kumar, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record.
2. The present application has been filed by the applicant praying for quashing the interim order passed by learned Additional Principal Judge, Family Court, Bijnor on 02-02-2024 in Criminal Misc. Case No. 224 of 2022, under Section 125 Cr.P.C.
3. Learned counsel for the applicant submits that the impugned
order has been passed without properly appreciating the factual matrix and the financial status of the applicant. He submits that the applicant is poor, works on agricultural land belonging to another landlord, is physically disabled, and is burdened with the responsibility of supporting other family members. Therefore, the amount of Rs. 2,000/- as interim maintenance to the wife and Rs. 1,500/- each to the minor daughter and son is excessive and unjust.
4. Per contra, learned counsel for opposite party no. 1 submits that the learned Family Court has passed the impugned order after due
consideration of all relevant facts and evidence placed on record and that no illegality or perversity exists in the order so as to warrant interference by this Court.
5. Having heard the rival submissions and upon perusal of the record, including the impugned order dated 02.02.2024, this Court finds that the learned Additional Principal Judge, Family Court, Bijnor, has considered all relevant aspects of the case, including the financial condition of both parties and the submissions made on their behalf. The order awarding interim maintenance of Rs. 2,000/- to the wife and Rs. 1,500/- each to the minor daughter and
son cannot be said to be arbitrary or passed without application of judicial mind. The relief granted is in the nature of a subsistence allowance to the wife, which appears to be reasonable and justified considering the facts on record. Therefore, no interference is required in the interim order passed by the learned Additional Principal Judge, Family Court, Bijnor, on 02.02.2024 in Criminal Misc. Case No. 224 of 2022, under Section 125 Cr.P.C.
6. Accordingly, the present application stands dismissed.
Order Date :- 8.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad