Neutral Citation No. - 2025:AHC:71650 Court No. - 87 Case :- APPLICATION U/S 482 No. - 35507 of 2024 Applicant :- Abdul Rahman Siddique Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Ms. Roopnandini, Advocate holding brief of Mohd. Ayub, learned counsel for the applicant, Shri Jyoti Kumar Singh, learned AGA for the State respondents and perused the record. 2. The instant application under section 482 Cr.P.C. has been filed seeking quashing or order dated 15.03.2024 passed by the Principal Judge, Family Court, Prayagraj in Maintenance Case No.1021 of 2021, under Section 125 Cr.P.C. as well as consequential order dated 23.08.2024 passed in Case No.508 of 204, under Section 128 Cr.P.C. 3. Learned counsel for the applicant submits that opposite party no.2 happens to be the wife of the applicant, their marriage was solemnized on 07.10.2017 but due to matrimonial discord opposite party no.2 had filed an application under Section 125 Cr.P.C. on 17.05.2024, which was allowed vide order dated 15.03.2024 directing the applicant to pay Rs.4,000/- per month to the wife and Rs.3,000/- per month to minor son. She further submits that thereafter, the opposite party no.2 filed a case under section 128 Cr.P.C. wherein the Family Court vide order dated 23.08.2024 issued recovery warrants, which are not correct and are liable to be set-aside by this Court. 4. Per contra, learned AGA submits that due to matrimonial discord, opposite party no.2 left her matrimonial home and filed a case under section 125 Cr.P.C. seeking maintenance wherein the Family Court had directed the applicant to pay Rs.4,000/- and Rs.3,000/- per month to O.P. No.2 and 3 respectively but the applicant did not comply with the order dated 15.03.2024, therefore, opposite party no.2 had no alternative but to file a case under section 128 Cr.P.C. in which recovery warrants have rightly been issued. 5. After hearing learned counsel for the parties and perusing the record, this Court is of the considered opinion that it is a clear case where the family court had awarded Rs.4,000/- and Rs.3,000/- per month to O.P. No.2 and 3 respectively, however, nothing had been paid to the wife and minor son, therefore, the opposite party no.2 had no other option but to file a case under section 128 Cr.P.C. in which recovery warrants have been issued. 6. I see no illegality or infirmity in the impugned orders passed by the Family Court. 7. Accordingly, the instant application is dismissed. Order Date :- 5.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad