Neutral Citation No. - 2025:AHC:74759 Court No. - 87 Case :- APPLICATION U/S 482 No. - 35424 of 2024 Applicant :- Ram Prasad Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri R.K. Pandey, 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 10.09.2024 passed by Principal Judge, Family Court, Deoria in Maintenance Case no.1482 of 2023 (Ranju Mishra vs. Ram Prasad Mishra) under Section 125 Cr.P.C. P.S.Bariyapur, District-Deoria or to stay the effect and operation of aforesaid orders during pendency of the present application. 3. Learned counsel for the applicant submits that the applicant is working on the post of Hawaldar/Constable in Indian Army (C.R.P.F.) and his marriage was solemnized with O.P. no.2 on 02.10.2010. He next contended that due to matrimonial discord, his wife/O.P. no.2 left her matrimonial house and went to her parental home. He submitted that O.P. no.2, while leaving her matrimonial home, she had taken all the valuables and jewellery. Being aggrieved, the applicant has filed a suit for divorce u/s 13(1) (ia) of Hindu Marriage Act, 1955 on 10.07.2023. He submitted that as a counter blast to said proceedings initiated by the applicant, O.P. no.2 has filed an application under Section 125 Cr.P.C. on 05.10.2023 wherein vide order dated 10.09.2024, the applicant has been directed to pay 20,000/- per month as interim maintenance ₹ to O.P. no.2. He has challenged the impugned order on the ground that as O.P. no.2 is highly educated woman and earning handsome amount from tuition and she is quite capable of maintaining herself. He further argued that as O.P. no.2 was unable to conceive, the applicant has already spend lot of money on her medical treatment, so the impugned order awarding 20,000/- per ₹ month as interim maintenance is unjustified. He submitted that the applicant has taken home loan as well as personal loan and heavy amount is already being deducted per month from his salary. He also added that the burden of medical treatment of his parents as well as other expenses are on the applicant, so he is unable to pay the interim 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 interim maintenance of 20,000/- per month wife, which appears to be ₹ reasonable amount for her sustenance, 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. After hearing learned counsel for the parties and perusing the record, I am of the firm view that there is no illegality or infirmity in the impugned order. The impugned order passed by the court below is a reasoned and speaking order. In my view, filing of present application by the applicant is just a ploy to delay the payment of maintenance amount to O.P. no.2/wife. 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 maintenance amount to O.P. no.2/wife. 8. The instant application is, accordingly, dismissed. Order Date :- 5.5.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad