Kapil vs State Of U.P. And Another

1. Heard Sri Ashish Singh, learned counsel for the applicant, learned A.G.A. for the State-O.P. no.1 and perused the record.

2. The present application under Section 482 Cr.P.C has been filed by the applicant praying for quashing of the order dated 08.04.2024 passed by the Additional Principal Judge, Family Court No. 1 Meerut in Case No. 550 of 2022 (Annu Vs. Kapil), Police Station Lisari Gate, District Meerut by means of which the application no. 15B for interim maintenance was allowed.

3. The submission of learned counsel for the applicant is that the opposite party no. 2 is legally married wife of applicant. Due to matrimonial bickering opposite party no. 2 started living in her parental house, and thereafter she filed an application under section 125 Cr.P.C. for maintenance before the Family Court, in which applicant had filed written statement and the same is still pending. In the meantime opposite party no. 2 had preferred an application 15B for interim maintenance, which was allowed by the Family Court with a direction to pay maintenance of Rs. 5000/- to the opposite party no. 2 per month. Further submission is that Family Court without considering the written statement given in the application 15B and also the fact that opposite party no. 2 is working as teacher, in a very mechanical manner allowed the interim maintenance, which is illegal an unjust and therefore, the order being unreasonable and liable to be quashed.

4. Per contra, learned A.G.A. submits that it is admitted that the opposite party no.2 is wife of the applicant and due to matrimonial discord, she had filed a case under Section 125 Cr.P.C. for grant of maintenance which is still pending and in the meantime Family Court on an application 15B filed by the opposite party no. 2 for interim maintenance has directed the applicant to pay Rs. 5000/- vide dated 08.04.2024, the same is just and proper order. He further submits that the impugned order passed by the Family Court is justified and no interference is required by this Court.

5. To buttress his argument, learned A.G.A. has placed reliance on a judgment passed by Hon'ble Supreme Court in Bhuwan Mohan Singh vs Meena & Ors, AIR 2014 Supreme Court 2875 wherein the Court has held that Section 125 Cr.P.C. was conceived to ensure that a woman, who has left or thrown out of matrimonial house, can sustain herself and her children. The Court further held that concept of sustenance does not necessarily mean "to lead the life of an animal", rather the wife would be entitled in law to lead a life in the similar manner as she would have lived in the house of her husband.

6. In the case in hand, on perusal of the impugned order, it transpires that the family court on an application 15B awarded interim maintenance. Even after passing of the order of interim maintenance. Applicant instead of paying interim maintenance amount to his wife preferred the instant application, which is nothing but delaying tactics for not paying the maintenance amount.

7. In view of aforesaid proposition of law laid down by Hon'ble Apex Court and the facts and circumstances of the case, I find that filing of this application is nothing but pure abuse of process of law and there is no merit in this application as the same has been filed just to delay the payment of dues to the wife.

8. The instant application is, accordingly, dismissed.

Order Date :- 25.4.2025

Bhanu