Allahabad High Court
Amit Kumar Gautam vs State Of U.P. And 2 Others on 2 January, 2024
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:220 Court No. - 87 Case :- APPLICATION U/S 482 No. - 38091 of 2023 Applicant :- Amit Kumar Gautam Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as Sri Dinesh Tiwari, learned AGA for the State- opposite party no. 1 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 09.08.2023 passed by the Additional Principal Judge, Family Court No. 3, Agra in Criminal Case No. 496 of 2020, Smt. Niharika Singh and others v. Amit Kumar Gautam, under Section 125 Cr.P.C., whereby interim maintenance of Rs.10,000/- per month has been awarded to the opposite party nos. 2 and 3, i.e. wife and daughter.
3. The only submission raised by learned counsel for the applicant is that the interim maintenance awarded by the Family Court is excessive.
4. From the perusal of the record it is not in dispute that the applicant is a Junior Engineer in the Railways. If the earning capacity of the applicant is taken into consideration, the amount fixed by the Family Court as an interim maintenance cannot be said to be exorbitant or excessive.
5. Reference may also be made to the decision of the Apex Court in the case of Rajnesh v. Neha, reported in (2021) 2 SCC 324. Noticing the law of maintenance as discussed by the Apex Court in the aforesaid judgment, this Court does not find any good ground to interfere in the impugned order. The impugned order is just and proper and does not suffer from any illegality, infirmity or jurisdictional error.
6. The present application being devoid of merit is accordingly dismissed.
Order Date :- 2.1.2024 SKT/-