BOBY ALIAS TANVEER KHAN v. STATE OF U.P. AND 2 OTHERS
A482/43530/2024 · 2025-05-26
Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111445 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111445 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90479 Court No. - 87 Case :- APPLICATION U/S 482 No. - 43530 of 2024 Applicant :- Boby Alias Tanveer Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri S.K. Singh, learned counsel for the applicant, Sri Jyoti Singh, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 29-03-2022, passed by the learned Principal Judge, Family Court, Kanpur Nagar in Case No. 1202 of 2018, under Section 125 Cr.P.C., Police Station Barra, District Kanpur Nagar. 3. Learned counsel for the applicant submitted that the applicant's marriage was solemnized with opposite party no. 2. Thereafter, due to matrimonial discord, the wife/opposite party no. 2 filed an application under Section 125 Cr.P.C., which was allowed by the court below vide order dated 29-03-2022, directing the applicant to pay Rs. 3,000/- per month to the wife and Rs. 1,500/- per month to the opposite party no.3 (minor son). He further submitted that although the quantum of maintenance may not be excessive, the applicant is unable to pay the same due to his poor health and financial hardship. 4. Per contra, learned A.G.A. submitted that the learned Family Court passed the impugned order after due consideration of all relevant facts and evidence placed on record, and that no illegality or perversity exists in the order so as to warrant interference by this Court. He also added that, instead of complying with the maintenance order, the applicant has been filing cases before different courts, and the instant application is merely a ploy to delay the payment. 5.To buttress his argument, the learned A.G.A. placed reliance on the judgment of the Hon’ble Supreme Court in Bhuwan Mohan Singh vs. Meena & Ors., AIR 2014 SC 2875, wherein the Court held that Section 125 Cr.P.C. was enacted to ensure that a woman, who has left or has been thrown out of her matrimonial home, can sustain herself and her children.
The Court further held
that the concept of sustenance does not merely mean "to lead the life of an animal", but rather that the wife is entitled in law to lead a life in a manner similar to that which she would have lived in the house of her husband. 5. Having considered the submissions advanced by the learned counsel for the parties and perusing the record, this Court does not find any good ground to interfere in the matter in exercise of its inherent jurisdiction under Section 482 Cr.P.C. The order dated 29- 03-2022 passed by the learned Principal Judge, Family Court, Hapur appears to be just and proper, and no miscarriage of justice has been shown. 6. The instant application lacks merit and is, accordingly, dismissed. Order Date :- 27.5.2025 pks
Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad