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Neutral Citation No. - 2025:AHC:76351 Court No. - 87 Case :- APPLICATION U/S 482 No. - 16897 of 2024 Applicant :- Anoj Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Bhushan,Arpan Srivastava Counsel for Opposite Party :- Dhirendra Kumar Pal,G.A.,Rajesh Kumar Patel Hon'ble Prashant Kumar,J.
1. List revised.
2. None appeared on behalf of the applicant to press this application.
3. Shri Neelkant Upadyay, learned AGA is present on behalf of the State respondents.
4. The Court has proceeded to decide the matter on merits with the assistance of learned AGA and after perusal of record.
5. The instant application under Section 482 Cr.P.C. has been filed seeking quashment of the order dated 12.04.2024 passed by the Additional Principal Judge, Family Court, Mainpuri in Case No.197 of 2022 filed under Section 125 Cr.P.C. By means of the impugned order, the learned court below has granted interim maintenance in favour of the opposite party no.2 amounting to Rs.10,000/- per month during the pendency of the said proceedings.
5. 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 12.04.2024 has granted interim maintenance of Rs.10,000/- per month to the wife, which has been assailed by means of this application.
6. 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. 7.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.
8. 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.
9. 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.
10. The instant application is, accordingly, dismissed.
Order Date :- 9.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad