Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66622
Court No. - 87 Case :- APPLICATION U/S 482 No. - 28103 of 2024 Applicant :- Suraj Saraswat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- Ajay Kumar Chaurasia,G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Ashish Kumar Gupta, learned counsel for the applicant and Sri Shashi Dhar Pandey, learned A.G.A. for the State-respondent.
2. The applicant has filed the present application under Section 482 Cr.P.C., seeking relief against the recovery warrant dated 20- 05-2024 issued by the learned Principal Judge, Family Court, Agra, in Misc. Case No. 332 of 2023 (Yashoda Vs. Suraj), under Section 125(3) Cr.P.C.
3. Learned counsel for the applicant contends that the applicant is facing financial hardship and is unable to make the full payment of the arrears due to his limited financial resources. The applicant further submits that he has already made partial payments, including an amount of Rs. 30,000/- in compliance with the recovery warrant issued on 22.06.2023.
4. Learned A.G.A. for the State-respondent has pointed out that the Family Court has already granted sufficient time and opportunity for the applicant to comply with its order, and the applicant’s partial payments do not constitute full compliance with the
judgment passed under Section 125 Cr.P.C.
5. Upon perusal of the records and after hearing the parties, the Court is of the opinion that the applicant has been given sufficient opportunities to comply with the Family Court's order and that no new grounds have been established in the present application to call for any interference by this Court. The applicant’s contentions appear to be an attempt to delay the compliance with the Court's
order rather than demonstrating genuine financial hardship to justify any relief. It is settled law that the obligation to provide maintenance under Section 125 Cr.P.C. is a statutory duty and must be complied with promptly.
6. In light of the above, the present application is devoid of merit and is accordingly dismissed.
Order Date :- 29.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad