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2025 DAILYLAW 88600 (ALL)

ANUPAM SAINI v. State of U.P. AND ANOTHER

A482/28009/2024 · 2025-04-28

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66819 Court No. - 87 Case :- APPLICATION U/S 482 No. - 28009 of 2024 Applicant :- Anupam Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Chauhan,Shyama Charan Tripathi,Sumant Kumar Tiwari Hon'ble Prashant Kumar,J. 1. Heard Sri S.C. Tripathi, 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 18-04-2024 passed by the learned Principal Judge, Family Court, Saharanpur in a proceeding under Section 125 Cr.P.C., whereby interim maintenance of Rs. 7,000/- per month has been awarded to opposite party no.2 (wife). 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 further argued that the applicant is wanted to keep and maintain her wife but she did not want to live with the applicant. 4. Per contra, learned A.G.A. 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 18-04-2024, this Court finds that the learned 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 of Rs. 7,000/- 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 18-04-2024 passed by the learned Principal Judge, Family Court, Saharanpur. 6. Accordingly, the present application stands dismissed. Order Date :- 29.4.2025 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