Neutral Citation No. - 2025:AHC:20094 Court No. - 73 Case :- APPLICATION U/S 482 No. - 27624 of 2024 Applicant :- Saqib Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Ahmad Naseem Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against the order dated 02.05.2024, passed by the Additional Principal Judge, Family Court No. 5, Allahabad in execution case no. 17 of 2024, under Section 128 Cr.P.C., whereby recovery warrant has been issued against the applicant. 3. Perusal of record shows that the applicant is husband of opposite party No. 2. The opposite party No. 2 has filed a case under Section 125 Cr.P.C., which was decided vide ex-parte judgement dated 01.01.2024, granting maintenance to opposite party no. 2. Thereafter, the opposite party No. 2 has initiated the proceedings under Section 128 Cr.P.C. for recovery of arrears of maintenance, wherein by impugned order dated 02.05.2024 recovery warrant has been issued against the applicant. 4. It has been submitted by learned counsel for the applicant that the children of the parties are living with the applicant and that the amount of maintenance, granted by the Family court, is excessive and that the Family court has not considered the facts and law while passing the impugned order. It was further submitted that the applicant has filed an application on 25.06.2024 before the Family court concerned, which has not been decided so far and thus, a direction may be made to the Family court concerned to decide the said application within time stipulated by this Court. 5. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. 6. I have considered the submissions and perused the record. 7. It may be observed that in the instant application under Section 482 Cr.P.C., the order passed under Section 128 Cr.P.C. is being impugned. In these proceedings, the contentions like that the opposite party No. 2 is not entitled for maintenance or that quantum of maintenance is excessive, cannot be examined. The applicant would be at liberty to challenge the ex-parte judgement dated 01.01.2024, by which maintenance has been granted to the opposite party No. 2. No material illegality or perversity could be shown in the impugned order so as to require any interference by this Court by invoking inherent powers under Section 482 Cr.P.C. Hence, the prayer as sought above, is hereby refused. 8. However, the Family court concerned is directed to decide the application dated 25.06.2024 filed by the applicant, expeditiously, in accordance with law. 9. The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 11.2.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad