Neutral Citation No. - 2025:AHC:59348 Court No. - 87 Case :- APPLICATION U/S 482 No. - 26722 of 2024 Applicant :- Himanshu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jay Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the applicant and learned counsel for the opposite party no. 2 and perused the record. 2. The present application under Article 227 of the Constitution of India has been filed by the applicant, with a prayer to set aside the order dated 17.05.2024 passed by the learned Additional Principal Judge, Family Court, Court No.1, Ghaziabad in Case No. 215 of 2022 (Smt. Anju vs. Himanshu) under Section 125 Cr.P.C., Police Station Sahibabad, District Ghaziabad, whereby the learned court below has partly allowed the application under Section 125 Cr.P.C. and awarded Rs. 3,500/- per month as interim maintenance in favour of the opposite party no.2. 3. Learned counsel for the applicant submits that the impugned order has been passed without appreciating the factual matrix and the financial status of the applicant. It is contended that the opposite party no.2 is highly qualified, having completed an MBA (HR), and is capable of earning her livelihood. It is further argued that the opposite party no.2, of her own volition and without any sufficient cause, left the matrimonial home and is not entitled to maintenance under Section 125 Cr.P.C. Learned counsel also submits that the applicant is employed as a helper in a private company in Noida, drawing a monthly salary of only Rs. 15,000/- and is burdened with the responsibility of supporting his aged parents and other family members. Therefore, the amount of Rs. 3,500/- as interim maintenance is excessive and unjust. 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 dated 17.05.2024, this Court finds that the learned Additional Principal Judge, Family Court, Court No.1, Ghaziabad, 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 of Rs. 3,500/- per month cannot be said to be arbitrary or passed without application of judicial mind. The relief granted is in the nature of a subsistence allowance to the wife, which appears to be reasonable and justified considering the facts on record, therefore, no interference is required in the impugned order dated 17.05.2024 passed by the learned Additional Principal Judge, Family Court, Court No.1, Ghaziabad. 6. Accordingly, the present application stands 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