Neutral Citation No. - 2025:AHC:121385 Reserved on : 10.07.2025 Delivered on : 24.07.2025 Court No. - 79 Case :- APPLICATION U/S 482 No. - 44098 of 2012 Applicant :- Sudhir Kumar Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjan Srivastava Counsel for Opposite Party :- G.A.,Vijay Kant Dwivedi Hon'ble Prashant Kumar,J. 1. No one has put appearance on behalf of the parties to press the instant application even in the revised call of the cause list. However learned AGA for the State opposite party no. 1 is present for the State. 2. Heard learned AGA for the State-opposite at length and perused the record. 3. The instant applicant under Section 482 Cr.P.C. has been filed by applicant seeking quashing of the order dated 18.09.2012 passed by the Principal Judge, Family Court, Allahabad, in Case No. 44 of 2001 Smt. Madhulata Srivastava vs. Sudhir Kumar Srivastava, under Section 125 Cr.P.C., Police Station Kotwali, District Allahabad. 4. This is a case where opposite party no.2 happens to be the wife of the applicant and their marriage was solemnized in the year 1988 and due to matrimonial discord, she had filed an application under Section 125 Cr.P.C. on 03.02.2001 seeking maintenance from her husband. It seems that applicant had filed objection in the said application. The family court after due consideration of averments contained in the application filed under section 125 Cr.P.C. and also the objection filed by the applicant, had allowed the application vide order dated 18.09.2012 with a direction to the applicant to pay Rs. 5000/- as maintenance to the opposite party no. 2 from the date of 1 order. This order has been assailed by means of the instant application. 5. It is claimed by the applicant in the instant application that the order passed by the Principal Judge is illegal, erroneous and without jurisdiction as it has been passed without considering the fact that applicant is Class IV employee in Jal Sansthan, Lucknow and getting meagre amount as salary and also the fact that applicant is only earning member of family and also bearing the expenses of his brother’s family who died in the year 2012 leaving behind two unmarried daughters’ and opposite party herself refused to live along with his family without sufficient reason and she had also instituted a case under section 9 of Hindu Marriage Act, therefore the order passed by the Principle Judge is liable to be quashed. 6. Learned A.G.A. contends that there is no illegality, impropriety or infirmity in the order passed by the court below, hence, no interference is required by this Court in the impugned order. He further pointed out that till date the applicant has not paid the maintenance amount and has preferred the instant application before this Court with sole intention to delay or avoid the payment of maintenance amount. 7. To buttress his argument, learned A.G.A. has placed reliance on a judgment passed by Hon'ble Supreme Court in Bhuwan Mohan Singh vs Meena & Ors, AIR 2014 Supreme Court 2875 wherein the Court has held that Section 125 Cr.P.C. was conceived to ensure that a woman, who has left or thrown out of matrimonial house, can sustain herself and her children. The Court further held that concept of sustenance does not necessarily mean "to lead the life of an animal", rather the wife would be entitled in law to lead a life in the similar manner as she would have lived in the house of her husband. 8. On perusal of the record, it transpires that the applicant has till date not paid even a single penny to his wife/O.P. no.2 towards 2 maintenance amount, which in my view, is just a ploy to avoid or delay payment of dues to his wife. 9. In view of aforesaid proposition of law laid down by Hon'ble Apex Court and the facts and circumstances of the case, I find that filing of this application is nothing but pure abuse of process of law and there is no merit in this application as the same has been filed just to delay the payment of maintenance amount to the wife/O.P. no.2. 10. The instant application is, accordingly, dismissed. Order Date :- 24.07.2025 Bhanu 3 Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad