Neutral Citation No. - 2025:AHC:22213 Court No. - 73 Case :- APPLICATION U/S 482 No. - 39209 of 2024 Applicant :- Mohd. Shahzad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- R.P. Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against the order dated 13.09.2024, passed by the Additional Principal Judge, Family Court No. 3, Aligarh in case no. 548 of 2024, under Section 128 Cr.P.C., whereby the application filed by the applicant to pay Rs. 25,000/- per month to the opposite party No. 2 as arrears of maintenance, has been rejected, as well as against the order dated 03.08.2024 passed in the aforesaid case, whereby recovery warrant has been issued against the applicant. 3. Perusal of record shows that the applicant is husband of opposite party no. 2 and that they have one child (opposite party No. 3). The opposite party Nos. 2 and 3 have filed a case under Section 125 Cr.P.C. in the year 2017, which was decided by judgement dated 25.01.2024, granting maintenance to opposite party Nos. 2 and 3. The applicant has already challenged the said order by filing a revision before this Court, wherein vide order dated 25.04.2024 passed in criminal revision no. 1235 of 2024, this Court has directed that applicant shall continue to pay the maintenance awarded by the Family Court per month and that 50% of the arrears of maintenance would be paid within one month and remaining arrears of maintenance would be paid in two equal installments. 4. It has been submitted by learned counsel for the applicant that applicant is working in Excise department and he is getting salary of Rs. 40,000/- per month and he is unable to pay the arrears of maintenance and thus, a direction may be made to the Family court concerned to enable the applicant to pay the arrears of maintenance in installments. 5. Learned AGA has opposed the application and submitted that applicant has not complied with the order dated 25.04.2024 passed in criminal revision no. 1235 of 2024. Applicant is husband of opposite party No. 2 and father of opposite party No. 3 and that the Family court has granted maintenance in favour of opposite party Nos. 2 and 3. As the arrears of maintenance were not paid, thus, the impugned proceedings under Section 128 Cr.P.C. were initiated and recovery warrants were issued. It was further submitted that there is no illegality or perversity in the impugned orders. 6. In view of the aforesaid, it is apparent that applicant has not complied with the directions made by this Court in the aforesaid criminal revision to pay the arrears of maintenance in installments and to pay the maintenance per month as per order of the Family court. It appears that applicant has filed an application before the Family court with the prayer that he can pay only Rs. 25,000/- per month to the opposite party No. 2, which was rejected by the Family court by a reasoned order dated 13.09.2024. As the applicant has already been granted opportunity to pay the arrears of maintenance in installments, thus, in view of the aforesaid facts and circumstances of the case, it cannot be said that the impugned orders are suffering from any such patent illegality, perversity or abuse of the process of court, so as to require any interference by this Court by invoking inherent powers under Section 482 Cr.P.C. The present application under Section 482 Cr.P.C. lacks merit and the same is liable to be dismissed. 7. The application under Section 482 Cr.P.C. is accordingly dismissed. Order Date :- 17.2.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad