Neutral Citation No. - 2025:AHC:100869 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.39) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37460 of 2024 Applicant :- Rajat Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhilesh Kumar Yadav,Arvind Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Akhilesh Kumar Yadav, learned counsel for the applicant and Sri Kailash Prakash Pathak, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 14.06.2024 passed by the learned Additional Principal Judge, Family Court, District Bijnor in Criminal Case No. 759 of 2022 (Payal and another vs. Rajat Kumar), under Section 125 Cr.P.C., P.S. Chandpur, District Bijnor, pending in the Court of Additional Principal Judge, Family Court, District Bijnor. 3. The brief facts of the case are that the applicant is the husband of opposite party no.2 and father of the opposite party no.3. There was a matrimonial dispute and since the applicant failed to maintain the wife and the daughter, they filed an application under Section 125 Cr.P.C. seeking maintenance to the tune of Rs. 20,000/- and Rs. 15,000/- respectively total Rs. 35,000/- per month from the applicant herein. The notices were issued to the applicant herein and despite service of notice an opportunity was granted for filing the written statement. Since the applicant did not cooperate with the proceeding, therefore, vide order dated 16.08.2023, the matter was proceeded ex parte against the applicant. Subsequent thereto an application was filed by the applicant seeking recall of the order dated 16.08.2023 and the same was allowed vide order dated 22.02.2024 subject to payment of cost of Rs. 1,000/-. Despite the aforesaid indulgence granted in favour of the applicant herein, he has not deposited the cost of Rs. 1,000/-. 4. In view of the aforesaid facts, vide order dated 14.06.2024, the Family Court recalled the order dated 22.02.2024 by restoring the order dated 16.08.2023 proceeding ex parte against the applicant herein. The order sheet further reveals that after the ex parte order dated 16.08.2023 was set aside on 22.02.2024, the applicant deliberately was not present before the court on various dates and subsequently he has filed the written statement on 13.05.2024. On 27.05.2024, the application for interim maintenance was filed by the opposite parties. Again on 14.06.2024, the applicant was not present in Court and an adjournment was sought on his behalf, which was opposed and it was pointed out that the applicant has failed to deposit the cost which was a condition while setting aside the ex parte order against the applicant. In view of the aforesaid, the Family Court proceeded to recall the order dated dated 22.02.2024 whereby the ex parte order dated 16.08.2023 was set aside as it was a conditional order and the applicant failed to fulfill the condition of depositing of Rs.1,000/- deliberately. 5. Thus, the conduct of the applicant shows that he deliberately wants to take advantage of the orders of the court and does not want to comply with the orders passed by the trial court. The application under Section 125 Cr.P.C. is pending since 09.11.2022 and not a single penny has been paid by the applicant to the opposite party no.2, despite order of the court. 6. In the aforesaid circumstances, an offer was made as to whether the applicant is willing to pay the cost for restoration of the order passed ex parte against him, to which he has shown his inability to make the payment, as offered. 7. In view thereof, this Court does not find any good reason to entertain the instant application and the same is accordingly, dismissed. Order Date :- 1.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad