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2025 DAILYLAW 110319 (ALL)

RAJENDRA SINGH v. STATE OF U.P. AND ANOTHER

A482/42195/2024 · 2025-08-12

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD (SN.19) Neutral Citation No. - 2025:AHC:138411 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42195 of 2024 Applicant :- Rajendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Shri Bhuvnesh Kumar Singh, learned counsel for the applicant and Shri Vijay Rathi, learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the order dated 16.9.2024 passed by Addl. Principal Judge, Family Court, Bijnor in Criminal Misc Case No. 444 of 2020 ( Deepa Saini V. Rajendra Singh ) under section 125 Cr.P.C. police station Noorpur District Bijnor. 3. Learned counsel for the applicant submits that the applicant and opposite party no 2 are husband and wife. There was matrimonial dispute between them due to which the opposite party no. 2 has filed an application under section 125 Cr.P.C. claiming for maintenance in the year 2020 and vide order dated 16.9.2024 the Addl. Principal Judge, Family Court, Bijnor has awarded interim maintenance to the tune of Rs.7,000/- per month to be paid by the applicant herein to the opposite party no. 2. Learned counsel for the applicant submits that the impugned order has been passed mechanically by the trial court without considering the facts and circumstances of the case and without applying his judicial mind. Therefore he seeks quashing of the impugned order. 4. Learned counsel for the applicant do not dispute that the applicant herein is getting salary of Rs.39,500/- per month after all deductions and the trial court has directed only an amount of Rs.7,000/- to be paid as maintenance, which in the considered opinion of the court is a reasonable and justified amount. Therefore, this court does not find any good reason to interfere with the impugned order of maintenance specifically for the reason that the applicant has full opportunity to defend his case after leading the evidence before the trial court, which shall be decided by the trial court in accordance with law. 5. For the aforesaid reasons, the instant application is dismissed. Order Date :- 13.8.2025 o.k. (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad