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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11148 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondent, and perused the material available on record. 2. The instant petition has been preferred challenging the impugned order dated 31.07.2024, passed by the learned Principal Judge, Family Court, Jaunpur in Case No.517 of 2022, under section 125 Cr.P.C., whereby the Court has awarded maintenance of Rs. 20,000/- per month to the respondent- wife. 3. Brief facts giving rise to the present petition are that the marriage between the petitioner and respondent no.1 was solemnized on 08.02.2020 in accordance with Hindu rites and ceremonies. It is alleged that soon after the marriage, the petitioner and his family members started demanding dowry and subjected the respondent to cruelty. The relationship between the parties strained, ultimately resulting in separation on 26.02.2022, since then the respondent has been residing with her parents. 4. Subsequently, the respondent-wife moved an application under Section 125 Cr.P.C. seeking maintenance. An order granting interim maintenance of Rs. 3,000/- per month was passed on 19.10.2022, which was later enhanced to Rs. 20,000/- per month by the impugned order dated 31.07.2024. 5. Learned counsel for the petitioner submits that at the time of marriage, the petitioner was employed as a Medical Representative, and remained in employment from June 2023 till October 2023, thereafter working intermittently until 2024–2025. It is contended that since February 2025, the petitioner has been unemployed. He further submits that due to financial and Versus Counsel for Petitioner(s) : Bed Prakash Rai Counsel for Respondent(s) : G.A. Rajeev Singh .....Petitioner(s) Akanksha Singh And Another .....Respondent(s)
personal constraints, the petitioner has been residing in Chhattisgarh for the past two years, and is not in a financial position to comply with the impugned maintenance order. It is further submitted that the learned Family Court did not afford the petitioner an opportunity to file an affidavit of assets and liabilities as mandated by law. 6. Upon a pointed query from the Court, learned counsel for the petitioner candidly submitted that the petitioner has not paid any amount towards maintenance since the initiation of proceedings. 7. Having considered the submissions of learned counsel for the parties and upon perusal of the record, this Court finds that the petitioner is a well- educated person.
The petition filed under Section 125 of the Cr.P.C. was instituted in 2022 and has been listed on numerous occasions thereafter. Despite ample opportunities, the petitioner has failed to present any substantial defence and comply with the interim or final directions of the Family Court. Furthermore, upon examination of the affidavit of assets and liabilities filed by the revisionist, annexed as Annexure-6, it is observed that the information provided is incomplete. Material details regarding the petitioner's assets and income have been concealed. For instance, in paragraph F(9), only a numerical figure is mentioned, whereas the name of the bank and bank statements for the last three years have not been annexed. Similarly, the sections concerning movable and immovable assets owned by the petitioner have been left blank, necessitating further inquiry as to the corresponding paragraphs and sub-paragraphs. 8. Likewise, other columns in various paragraphs of the affidavit remain incomplete. It appears that the petitioner has furnished incomplete information intentionally, thereby evading the lawful obligation to pay maintenance. The petitioner has approached this Court with incomplete disclosure and cannot be said to have come with clean hands. 9. In the given facts and circumstances, this Court does not find any illegality or infirmity in the impugned order warranting interference in exercise of writ jurisdiction. 10. The present petition is devoid of merit, and is accordingly, dismissed. October 8, 2025 Anil K. Sharma A227 No. 11148 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad