Neutral Citation No. - 2025:AHC:121776 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.17) Court No. - 78 Case :- APPLICATION U/S 482 No. - 20866 of 2024 Applicant :- Zubair Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Bir Singh Counsel for Opposite Party :- Ehtesham Akhtar,G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Chandra Bir Singh, learned counsel for the applicant, Sri Ehtesham Akhtar, learned counsel for the opposite party no.2 and Sri Rajesh Kumar Gupta, learned AGA for the State. 2. Learned counsel for the applicant submits that the opposite party no.2 is the wife of the applicant herein and there is a matrimonial dispute between the parties. In connection therewith the opposite party no.2 has filed an application under Section 125 Cr.P.C. In the said proceeding, the applicant herein was proceeded ex parte on 13.05.2022. Therefore, he moved an application for setting aside the said ex parte order dated 13.05.2022. The said application was allowed vide impugned order dated 27.06.2022 and simultaneously the court has also awarded an amount of Rs. 2,000/- per month as interim maintenance to the opposite party no.2 on every 5th day of the month. In the said order, it has further been observed that on compliance of the said order, only the opposite party no.2 shall be permitted to defend the said proceeding. 3. Learned counsel for the applicant further submits that he is not aggrieved by the order of interim maintenance of Rs. 2,000/- but he is aggrieved only that the subsequent direction that he will be permitted to defend the proceeding only after compliance of the order of interim maintenance. Therefore, the instant application has been filed. 4. In the considered opinion of this Court, the family court has awarded only a meager amount of interim maintenance and that too looking at the conduct o the applicant that he wants to delay the proceeding of the instant case. Once the applicant is not aggrieved by an order of award of interim maintenance, there is no occasion for him to be aggrieved by the subsequent direction by the Court that only on compliance of the said order, he will be permitted to defend the proceeding. 5. In view thereof, there is no illegality in the said order and it is further noteworthy that this order was passed on 27.06.2022 and recovery warrants are already issued against the applicant and since there is a delay in challenging the said order also, therefore, this Court do not find any reason to interfere in the matter. 6. The instant application is accordingly, dismissed. Order Date :- 24.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad