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Neutral Citation No. - 2025:AHC:74860
Court No. - 87 Case :- APPLICATION U/S 482 No. - 34531 of 2024 Applicant :- Ajeet Kumar Maurya Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kumar Ankit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Kumar Ankit Srivastava, 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 impugned order dated 10-09-2024 passed by learned Additional Principal Judge, Family Court, Court No.3, Allahabad in Case No. 82 of 2021, under Section 125 Cr.P.C., P.S. Cantt. district Prayagraj.
3. Learned counsel for the applicant submits that the ex-parte order dated 08.09.2022, passed by the learned Additional Principal Judge, Family Court, Court No. 3, Allahabad, directing the applicant to pay interim maintenance of Rs. 5,000/- to Opposite Party No. 2 and Rs. 3,000/- to Opposite Party No. 3 per month from the date of the application, was passed without affording any opportunity of hearing to the applicant, causing grave prejudice. It is contended that the applicant had promptly filed a recall application supported by an affidavit, but the same was rejected vide order dated 24.11.2022 without considering the genuine grounds raised therein. Subsequently, the applicant, due to a change in his financial circumstances, moved an application under Section 127 Cr.P.C. seeking alteration of the maintenance amount; however, the said application was also rejected by the learned Family Court vide order dated 10.09.2024 on erroneous grounds, holding it to be not maintainable. It is further argued that the order dated 08.09.2022 was an ex-parte interim order and not a final adjudication on merits, and hence, it could very well be reconsidered or modified.
5. Per contra, learned A.G.A. 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.
6. Having heard the rival submissions and upon perusal of the record, including the impugned order, this Court finds that the court below 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 cannot be said to be arbitrary or passed without application of judicial mind. This Court is not inclined to interfere with the interim maintenance order at this stage. 7.The instant application is, accordingly, 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