Neutral Citation No. - 2025:AHC:27637 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1996 of 2025 Petitioner :- Gargi Chaturvedi Respondent :- Abhinav Chaturvedi Counsel for Petitioner :- Nikhil Pandey Hon'ble Saurabh Srivastava,J. 1. Heard Shri Nikhil Pandey, learned counsel appearing on behalf of the petitioner. 2 Since only a direction has been sought through the instant petition for learned Principal Judge, Family Court, Court No.4, Kanpur Nagar to ensure payment of interim maintenance awarded to the petitioner under Section 125 Cr.P.C and no order has been put under challenge during proceedings of Section 125 Cr.P.C and as such the process of issuing notice to respondent is hereby dispensed with. 3. It is the case of petitioner that application under Section 125 Cr.P.C claiming maintenance bearing Case No.1749 of 2022, Smt. Gargi Chaturvedi vs. Abhinav Chaturvedi has been instituted for relief in shape of extension of maintenance in favour of the petitioner to the tune of Rs.50,000/- per month. 4. During pendency of Case No.1749 of 2022, an application has also been preferred for seeking interim maintenance for Rs.50,000/- alongwith cost of expenses for Rs.20,000/-, considering the prayer for interim maintenance during pendency of aforementioned case, learned Additional Principal Judge, Family Court, Court No.4, Kanpur Nagar, after considering application, preferred at the behest of petitioner and objection filed by respondent, passed order dated 20.6.2024 through which amount of Rs.15,000/-, on monthly basis has been extended in shape of interim maintenance in favour of petitioner from the date of presenting application i.e, 3.8.2022. 5. Due to non compliance of the order dated 20.6.2024, petitioner was compelled to file execution application on 2.9.2024, which has been registered as Misc. Case No.1869 of 2024 (Smt. Gargi Chaturvedi vs. Abhinav Chaturvedi), meanwhile, over the recall application preferred at the behest of respondent, order dated 20.6.2024 was recalled vide order dated 7.10.2024, but after considering rival submissions, recall application filed by the respondent was rejected vide order dated 10.1.2025 with specific finding that learned Principal Judge, Family Court did not find any good ground to interfere in the order dated 20.6.2024. 6. As per the best of knowledge of the petitioner, order dated 10.1.2025 is still holding field and the same has never put under challenge by the respondent before any higher forum of law and as such order of interim maintenance to the tune of Rs.15,000/- become final and enforceable. 7. At the time of raising arguments, learned counsel for the petitioner also submitted that till today not a single penny has been paid by respondent in pursuance to the interim maintenance awarded in favour of the petitioner and as on today the amount payable to be due is nearabout Rs.5 lacs. 8. Learned counsel for the petitioner sought the attention of the court over the day-today order sheet of Case No.1749 of 2022 which simply shows that no strict procedure has been adopted by learned concerned court specifically in respect of realising amount due to be paid by respondent in favour of petitioner in compliance of order dated 20.6.2024. 9. Considering the prayer available with the instant petition, on the basis of the arguments raised by learned counsel for the petitioner and material available in the records, Additional Principal Judge, Family Court, Court No.4, Kanpur Nagar/learned concerned court is hereby directed to ensure payment of interim maintenance pending since 2022 i.e, from the date of application dated 3.8.2022, be expedited to be recovered by way of taking all means available under the law from the respondent and extend the same in favour of petitioner so that livelihood of lady deserted by her husband may be ensured in compliance to order dated 20.6.2024. 10. The above mentioned exercise shall be completed by learned Additional Principal Judge, Family Court, Court No.4, Kanpur Nagar/concerned court within two months, since it is also evident from the records that pleadings have already been exchanged between the parties in pursuance to proceedings under Section 125 Cr.P.C. and as such learned court concerned is also directed to decide case no. 1749 of 2022 within four months from the date of production of certified copy of this order. 11. The writ petition stands allowed accordingly. Order Date :- 27.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad