Neutral Citation No. - 2025:AHC:14873 Court No. - 73 Case :- APPLICATION U/S 482 No. - 30808 of 2024 Applicant :- Adesh Nagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar 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 06.08.2024, passed by learned Principal Judge, Family Court, Gautam Buddh Nagar, in misc. case No. 474 of 2021, under Section 125 Cr.P.C., Police Station Dadri, District Gautam Buddh Nagar, whereby the application No. 33-Kha filed by the applicant for cancellation of interim maintenance has been rejected. 3. It has been argued by learned counsel for the applicant that the applicant is husband of the opposite party no. 2, who has filed the aforesaid case under Section 125 Cr.P.C. The opposite party no. 2 was granted interim maintenance vide order dated 01.10.2022. Learned counsel has referred the order dated 11.03.2022 passed by the Family court, wherein the opposite party no. 2 has made statement that she can live with applicant at her matrimonial home only after her father-in-law transfers property in her name. The said observation has been recorded by the Family court while efforts for reconciliation were made between the parties. Learned counsel further submitted that from the aforesaid observation, it is clear that opposite party no. 2 has deserted the applicant without any just cause and thus, she is not entitled for any interim maintenance but the application of applicant has been rejected by the Family court in an arbitrary manner. It was stated that the said application has not been decided on merits and thus, the impugned order is liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the submissions and perused the record. 6. Perusal of record shows that the applicant is husband of the opposite party no. 2. The opposite party no. 2 was awarded interim maintenance vide order dated 01.10.2022. There is nothing to show that applicant has challenged the said order before any higher court. The applicant has filed the application no. 33-Kha for cancellation of the said interim maintenance order dated 01.10.2022, mainly on the basis that during talks regarding reconciliation, the opposite party no. 2 has stated that she can live with applicant at her matrimonial home only after her father-in- law transfers property in her name. The said observation cannot be made basis to recall or cancel the order of interim maintenance. The matter is yet to be finally decided and both the parties may lead their respective evidence before the Family court. Whether the opposite party no. 2 has refused to live with applicant without any sufficient reason, has to be decided by the Family court on the basis of evidence of the parties. The application of the applicant has rightly been rejected by the Family court vide impugned order dated 06.08.2024. No patent illegality or perversity could be shown in the impugned order. There is nothing to indicate that there has been any abuse of the process of court or miscarriage of justice so as to require any interference by this Court in exercise of powers conferred under 482 Cr.P.C. The application under Section 482 Cr.P.C. lacks merit and thus, the same is liable to be dismissed. 7. The application under Section 482 Cr.P.C. is hereby dismissed. The Family court shall proceed with the matter expeditiously in accordance with law and to decide the case as early as possible. Order Date :- 31.1.2025/Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad