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Neutral Citation No. - 2025:AHC:134595 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.13) Court No. - 78 Case :- APPLICATION U/S 482 No. - 44180 of 2024 Applicant :- Usha Ahirwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Abhishek Kumar Mishra, learned counsel for the applicant and Sri Vinay Kumar Singh, learned AGA for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 21.05.2024 as well as the entire proceeding of Case No. 1888 of 2021 (Usha Ahirwar vs. Vineet Kumar Verma), under Section 125 Cr.P.C., P.S. Chakeri, Distrit Kanpur Nagar, pending in the court of Principal Judge/Family Court No. 4, Kanpur Nagar.
3. Learned counsel for the applicants submits that applicant is the wife of opposite party no.2. Since there was a matrimonial dispute, she filed an application for interim maintenance, which was partly allowed vide impugned order dated 21.05.2024, whereby the interim maintenance at the rate of Rs. 3,000/- per month was granted to the applicant and Rs. 1,500/- per month to the son of the applicant. The main proceeding under Section 125 Cr.P.C. is still pending for determination before the court below which are yet to be decided finally on the basis of the evidence led by the parties.
4. In view thereof, since the impugned order is only an interim order to make an arrangement during the pendency of the main proceeding, evidence is yet to be led by the parties before the trial court and after considering the evidence and totality of the circumstances, the Family Court will take a final view of the matter and award the maintenance to the applicant and her son in accordance with law while passing the final order.
5. Therefore, at this interim stage, this Court does not find any good reason to interfere with the interim order of maintenance, which will further delay the disposal of the main case itself.
6. The instant application is accordingly, dismissed. Order Date :- 8.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad