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2025 DAILYLAW 84843 (ALL)

SATISH CHAUHAN v. State of U.P. AND 3 OTHERS

A482/25937/2024 · 2025-04-20

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59397 Court No. - 87 Case :- APPLICATION U/S 482 No. - 25937 of 2024 Applicant :- Satish Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Raj Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed to challenge the order dated 17.05.2024 passed by the learned Principal Judge, Family Court, Ballia in a proceeding under Section 125 Cr.P.C., whereby interim maintenance of Rs. 2,500/- per month has been awarded to opposite party no.2 (wife), and Rs. 1,000/- each to opposite party nos. 3 and 4 (children), from the date of the application. 3. Learned counsel for the applicant submits that although the quantum of maintenance may not be excessive, the applicant is unable to pay the same due to his poor health and financial hardship. It is submitted that the applicant is suffering from chest and liver ailments and is currently residing at his brother's place in Silvasa for medical treatment. It is further argued that opposite party no.2 is in possession and enjoyment of ancestral property, including a house and agricultural land, and is residing there along with the children and the applicant's mother. Therefore, she is not entitled to interim maintenance. 4. Per contra, learned counsel for opposite party no. 2 submits that the learned Family Court has passed the impugned order after due consideration of all relevant facts and evidence placed on record and that no illegality or perversity exists in the order so as to warrant interference by this Court. 5. Having heard the rival submissions and upon perusal of the record, including the impugned order, this Court finds that the court below has considered all relevant aspects of the case, including the financial condition of both parties and the submissions made on their behalf. The order awarding interim maintenance cannot be said to be arbitrary or passed without application of judicial mind. This Court is not inclined to interfere with the interim maintenance order at this stage. 6.The instant application is, accordingly, dismissed. Order Date :- 21.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad