Lukman @ Luquman vs State Of U.P. And Another
2023 Latest Caselaw 25667 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182494
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 32401 of 2023
 

 
Applicant :- Lukman @ Luquman
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sukrampal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the judgment and order dated 21.07.2023 passed by the Principal Judge, Family Court, Ghaziabad, in Case No. 1016 of 2022 (Smt. Zahida Vs. Lukman), under Section 125 Cr.P.C., P.S. Teela Mod, District Ghaziabad whereby the court below has awarded Rs.5000/- per month as interim maintenance in favour of opposite party no. 2.

3. It is submitted by the learned counsel for the applicant that interim maintenance fixed in the matter is excessive and exorbitant as four minor daughters are living with applicant and he has also responsibility of rest of the family members. The applicant earns Rs.72,000/- per year and earning is too meager to maintain the family. The applicant moved objection before the court below. The trial court has not considered this objection and in ordinary manner, allowed the interim maintenance application of opposite party no. 2 and granted excessive amount of Rs.5,000/-. The impugned order suffers from infirmity and illegality warranting interference by this Court.

4. On the other hand, learned AGA opposing the prayer submitted that there is no infirmity or illegality in the impugned order warranting interference by this Court. Interim maintenance fixed by Court concerned is reasonable and final verdict is yet to come and at this stage, it would not be appropriate to interfere in the proceedings.

5. I have considered the rival submissions made by learned counsel for the parties and have gone through the entire record carefully.

6. In this matter, as is evident from the record, application under Section 125 CrPC is pending before the Court concerned. The court concerned has fixed Rs. 5,000/- to opposite party no.2 per month as interim maintenance. It is not in dispute that opposite no.2 is legally wedded wife of applicant and object of grant of maintenance is to afford a subsistence allowance to the wife who is not able to maintain herself. It provides a speedy remedy for the supply of food, clothing and shelter to the deserted wife. Maintenance awarded to a wife is not a bounty. Thus, keeping in view this fact that it is the duty of a husband to maintain his wife and also the fact that interim maintenance may be modified and altered at the time of final judgment, no infirmity or illegality is found in the impugned order. No good ground is made out to interfere with the matter. The application lacks merits and is liable to be dismissed.

7. The application is accordingly dismissed at this stage.

8. However, the court concerned is directed to decide the petition under Section 125 CrPC in accordance with law expeditiously, if possible within a period of three months from the date of production of a certified copy of this order.

Order Date :- 20.9.2023

Meenu Singh