Neutral Citation No. - 2025:AHC:88054 Court No. - 87 Case :- APPLICATION U/S 482 No. - 11890 of 2017 Applicant :- Brijendra Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.,Ram Naresh Singh,Shive Datta Yadav Hon'ble Prashant Kumar,J. 1. List revised. 2. None appeared on behalf of the applicant to press this application. 3. Shri S.D. Pandey, learned AGA for the State and Shri R.N. Singh, learned counsel for opposite party no.2 are present. 4. This is a case where opposite party no.2 happens to be the wife of the applicant and due to matrimonial discord, opposite party no.2 had filed an application under Section 125 Cr.P.C. seeking maintenance from her husband in which the Family Court vide order dated 10.04.2014 has granted interim maintenance of Rs.1000/- per month to the wife and Rs.500/- per month to minor son per month, it has been further observed in the order that if the applicant gives half share in his agricultural land to the applicants, he will be absolved from the said liability. The said order has been assailed by means of this application. 5. 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. 6.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. 7. On perusal of the impugned order, it transpires that the revisional court has returned a specific finding that the applicant has failed to produce any document showing that he has ever made payment of the maintenance amount awarded by the court below to his wife. I find that the court below has not committed any illegality while passing the impugned order. 8. 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. 9. The instant application is, accordingly, dismissed. Order Date :- 23.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad