Neutral Citation No. - 2025:AHC:76383 Court No. - 87 Case :- APPLICATION U/S 482 No. - 12432 of 2024 Applicant :- Mohammad Farookh Opposite Party :- Smt Rukhsar Bano Counsel for Applicant :- Sandeep Pandey Counsel for Opposite Party :- G.A.,Man Mohan Mishra Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the parties and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing impugned order dated 18.03.2024 passed by learned Principal Judge Family Court, Bhadohi-Gyanpur in Maintenance Case No. 101 of 2023 (Old Case No. 102 of 2021), (Smt. Rukhsar Bano vs. Mohammad Farookh), under section 125 of Cr.P.C., Police Station Bhadohi, District Bhadohi-Gyanpur. 3. This is a case where opposite party no.2 happens to be the wife 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 18.03.2024 has granted interim maintenance of Rs. 6000/- per month to O.P. no.2. The order dated 18.03.2024 has been assailed by means of this application on the ground that learned Principal Judge without considering the fact that there was an order in favour of applicant which was filed under section 281 of Shariyat Act in which opposite party no. 2 was directed to return to her matrimonial house and also without considering the fact that applicant being labour is not able to pay that much of amount, passed the impugned order in a very cursury manner, therefore the same is liable to be quashed. 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 towards maintenance amount, 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. 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