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2025 DAILYLAW 40802 (ALL)

SAYYED SHADAB v. STATE OF U.P. AND 3 OTHERS

A482/9923/2024 · 2025-05-08

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76386 Court No. - 87 Case :- APPLICATION U/S 482 No. - 9923 of 2024 Applicant :- Sayyed Shadab Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.,Mohd. Wasim Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the parties and perused the record. 2. This application has been filed under section 482 Cr.PC with the request to quash the impugned order dated 01.12.2023 passed by Additional Principal Judge, Family Court, No. 02, Muzaffar Nagar in Case No. 1523 of 2022 (Mehroz and others vs. Sayyed Shadab), under Section 125 Cr.P.C., Police Station Charthawal, District Muzaffar Nagar. 3. This is a case where opposite party no.2 happens to be the wife of the applicant and opposite party nos. 3 and 4 happens to be minor daughter of the applicant and due to matrimonial discord, she had filed an application under Section 125 Cr.P.C. seeking maintenance from her husband in which the Family Court vide order dated 01.12.2023 had granted interim maintenance of Rs. 3000/- per month to O.P. no.2 and Rs. 1000/- per month each to her minor daughters. This order dated 01.12.2023 has been assailed by means of this application. 4. 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. 5. 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. 6. On perusal of the record, it transpires that the applicant has till date not paid a single penny to his wife/O.P. no.2 and two minor daughters towards interim maintenance amount and has filed the instant application opposing the interim maintenance, which in my view, is just a ploy to avoid or delay payment of dues to his wife. 7. 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 and two minor daughters. 8. The instant application is, accordingly, dismissed. Order Date :- 9.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad