Court No. - 87 Case :- APPLICATION U/S 482 No. - 23839 of 2024 Applicant :- Kapil Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mahendra Pratap Singh,Pawan Kumar Mishra 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 today. Even on earlier date i.e. 01.08.2024 and 08.01.2025 no one has put appearance on behalf of the applicant to press the 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 due to matrimonial discord, she had filed an application under Section 125 Cr.P.C. seeking maintenance from her husband on 28.10.2022 before the Family Court, Ghaziabad and simultaneously moved an application for interim maintenance on 28.10.2022, which was rejected on 05.01.2024 in non prosecution and thereafter opposite party no. 2 had moved an application for recall of the order on 04.04.2024, which was allowed by the family court vide order dated 27.06.2024 with cost of Rs. 1000/- and restore the application for interim maintenance filed by the opposite party no. 2. Order dated 27.06.2024 has been assailed by the applicant by means of the instant 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. 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 record, it transpires that the opposite party No. 2 who is wife of applicant no. 1 had filed an application under section 125 Cr.P.C. and simultaneously filed application for interim maintenance, which was rejected due to non presence, I see no illegality or infirmity in the order passed by the Family Court, restoring the application for interim maintenance filed by the opposite party no. 2, therefore the instant application is liable to be dismissed. 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 proceedings of application filed by the opposite party no. 2 for interim maintenance. 10. The instant application is, accordingly, dismissed. Order Date :- 8.5.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad