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2025 DAILYLAW 6942 (ALL)

ARVIND KUMAR v. STATE OF U.P. AND ANOTHER

A482/884/2025 · 2025-07-13

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112991 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.7) Court No. - 78 Case :- APPLICATION U/S 482 No. - 884 of 2025 Applicant :- Arvind Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Lavkush Kumar Bhatt, learned counsel for the applicant and Sri Rizwan Ahmad, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned orders dated 23.05.2023 and 07.12.2024 passed by learned Additional Principal Judge, Family Court, Mainpuri. 3. Learned counsel for the applicant submits that opposite party no.2 is the wife of applicant who had filed an application under Section 125 Cr.P.C. seeking maintenance, which has been allowed ex parte vide order dated 23.05.2025 and awarded Rs. 4000/- per month to opposite party no.2 from the date of application as maintenance to opposite party no.2. After coming to know the said order, the applicant herein had filed an application under Section 126 (2) Cr.P.C., which has been rejected vide impugned order dated 27.12.2024. While dismissing the application, the trial court has taken note of the service of notice on the opposite party no.2 during the proceeding under Section 125 Cr.P.C. 4. Therefore, it is apparent that the notice was duly served and the applicant herein deliberately did not appear in the proceedings under Section 125 Cr.P.C., whereupon the trial court has awarded a sum of Rs. 4,000/- per month towards maintenance to opposite party no.2, which in the considered opinion of this Court is a very meager amount and does not call for any interference. 5. In view thereof, the instant application lacks merit and the same is accordingly, dismissed. Order Date :- 14.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad