Aishwarya Dixit vs State Of U.P. And Another
2023 Latest Caselaw 26904 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:188805
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 36230 of 2023
 

 
Applicant :- Aishwarya Dixit
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satya Deo Ojha,Sachchida Nand Ojha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the order dated 03.04.2023 passed by Principal Judge, Family Court, Muzaffarnagar in Criminal Misc. Case No.662 of 2021, U/s 125 Cr.P.C., PS Kotwali, District Muzaffarnagar.

3. Counsel for the applicant submits that opposite party No.2 has initiated proceedings under Section 125 Cr.P.C. in which applicant has filed objection on 125 Cr.P.C. proceedings but learned Principal Judge has not considered the objection raised by applicant's counsel and allowed the interim maintenance of opposite party No.2 as Rs.3,000/- from the date of filing of application. The order passed by Principal Judge, Family Court is without application of mind and without considering the reason assigned in the objection.

4. Considering the argument advanced by applicant's counsel and perused the entire record, it is evident that interim maintenance awarded by Principal Judge, Family Court does not require any interference as it is passed on interim maintenance application and final judgment has yet to come after considering objection of applicant. It is allowance to wife as interim maintenance to maintain herself during pending proceedings under Section 125 Cr.P.C. Order passed here is not on merit. Objection of the applicant would be considered at the time of final hearing, as such, no interference is warranted, at this stage.

5. The present 482 application is dismissed with the aforesaid observation.

Order Date :- 3.10.2023

Nitin Verma