Neutral Citation No. - 2025:AHC:60644 Court No. - 87 Case :- APPLICATION U/S 482 No. - 28998 of 2024 Applicant :- Ajay Kumar Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anand Mohan Pandey,Ram Raj Mishra Counsel for Opposite Party :- G.A.,Ram Kumar Yadav Hon'ble Prashant Kumar,J. 1. Heard Shri Anand Mohan Pandey, learned counsel for the applicant, Shri R.K. Yadav, learned counsel for opposite party no.2 and learned AGA for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order dated 13.08.2024 passed by Additional Principal Judge, Family Court, Court no.3, Bareilly in Case No.444 of 2023 (Smt. Divya Pathak and another v. Ajay Pathak), under Section 125 Cr.P.C., P.S. Subhash Nagar, District Bareilly whereby the interim maintenance has been awarded against the applicant. 3. Facts which emerge from the record are that the applicant was married opposite party no.2 in accordance with the Hindu Customs on 06.02.2010 and from their wedlock a daughter was born, who is at present 10 years of age, thereafter, matrimonial dispute arose between the parties and opposite party no.2 has left her matrimonial house and filed maintenance case under Section 125 Cr.P.C. on behalf of herself and her daughter in which the Court concerned vide order dated 13.08.2024 has awarded Rs.12000/- per month to the wife (opposite party no.2) and Rs.8000/- to her daughter (opposite party no.3) as interim maintenance from the date of application i.e. 15.02.2024, which is under challenge by means of instant application. 4. Learned Counsel for the applicant submits that the interim maintenance awarded by the Court concerned is excessive and the applicant is not in position to pay the same. He further submits that the applicant has deposited certain amount as Fixed Deposit in the name of his wife from which she is earning interest of about Rs.5000/- per month. He also submits that opposite party no.2 has herself left her matrimonial house and thereafter, filed an application for maintenance along with an application for interim maintenance in which the applicant has filed detailed objection, which was not considered by the Court concerned. 5. Learned counsel for opposite party no.2 submits that the wife is ready to stay with the applicant but the applicant is not ready to accept her neither he is ready to pay the maintenance. 6. After hearing learned counsel for the parties and perusing the record, this Court is of the view that the impugned order passed by the Court concerned is justified as the Court has only awarded interim maintenance to the wife and daughter of the applicant, but the applicant instead of paying the same chose to file the instant application. 7. I see no reason to interfere in the order passed by the Court concerned. The instant application is, accordingly, dismissed. Order Date :- 21.4.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad