Neutral Citation No. - 2025:AHC:89618 Court No. - 87 Case :- APPLICATION U/S 482 No. - 46039 of 2023 Applicant :- Naseem Ahmad Siddiqui Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajay Bahadur Yadav,Sanjeev Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. List revised. 2. None appeared on behalf of the applicant to press this application. 3. Sri Jyoti Kumar Singh, learned A.G.A. is present on behalf of the State respondents. 4. I have perused the record. 5. This is a case where opposite party no.2 happens to be the wife of the applicant and opposite party no. 3 happens to be son of applicant. Due to matrimonial discord, opposite party alongwith her husband minor son left her matrimonial house and had filed an application under Section 125 Cr.P.C. on 02.12.2022 seeking maintenance from her husband in which the Family Court vide order dated 25.11.2023 has granted interim maintenance of Rs. 5000/-per month to O.P. no.2 and Rs. 3000/- to minor son till he attain the age of majority. The same has been challenged by the applicant by way of the instant application. 6. In the instant application, it is claimed by the applicant that the order passed by the Family court is unjustified and unreasonable and therefore the same is liable to be dismissed, as it has been passed without considering the fact that applicant does not have appropriate source of income and only earning Rs. 4000/- per month from rent. 7. 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. 8. 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. 9. On perusal of the record, it transpires that the maintenance awarded by the Family Court is quite frugal but the applicant has till date not paid a single penny to his wife/O.P. no.2 towards maintenance amount and has been filing various cases before different courts, which in my view, is just a ploy to avoid or delay payment of dues to his wife. 10. 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. 11. The instant application is, accordingly, dismissed. Order Date :- 26.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad