Anuj v. State of U.P & Anr.

Heard Sri Sudhir Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed to challenge the order dated 12-07-2022 passed by the learned Additional Principal Judge, Family Court, Etawah in a proceeding under Section 125 Cr.P.C., whereby maintenance of Rs. 3,000/- per month has been awarded to opposite party no.2 (wife) along with a direction to pay the entire arrears from the date of the application to the date of judgment in ten equal monthly installments.

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.

Per contra, learned counsel for opposite party no. 2 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.

Having heard the rival submissions and upon perusal of the record, including the impugned order, this Court finds that the 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 maintenance cannot be said to be arbitrary or passed without application of judicial mind. This Court is not inclined to interfere with the maintenance order.

The instant application is, accordingly, dismissed. Order Date :- 29.4.2025 PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad