[Cites 5, Cited by 0]
Allahabad High Court
Smt. Priyanka vs State Of U.P. And 2 Others on 10 December, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:224461
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 14315 of 2025
Smt. Priyanka
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Ajay Kumar Pathak
Counsel for Respondent(s)
:
G.A.
Court No. - 88
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent, and perused the record.
2. The present petition has been filed by the petitioner-wife seeking a direction to the learned Principal Judge, Family Court, Hathras, to expeditiously decide the application filed under Section 125(3) Cr.P.C. and to ensure effective execution of the maintenance order dated 18.10.2023, passed in Case No. 346 of 2020, Smt. Priyanka vs. Sandeep, under Section 125 Cr.P.C., Police Station Sahpau, District Hathras, whereby the respondent-husband was directed to pay Rs. 8,000/- per month to the petitioner-wife and Rs. 5,000/- per month to the minor child.
3. Briefly stated, the marriage between the petitioner and respondent no.2 was solemnized on 22.11.2019 in accordance with Hindu rites and rituals. It is alleged that at the time of marriage, the petitioner's father had given Rs. 5,00,000/- in cash along with household articles, however, the respondent-husband and his family members remained dissatisfied and raised further demands for a car and Rs. 2,00,000/- in cash. Upon non-fulfilment of the said demands, the petitioner-wife was subjected to cruelty, abuse, and harassment by her in-laws. It is further stated that the petitioner-wife and her father were assaulted, leading to lodging of an NCR, and thereafter, during the petitioner's pregnancy, she was forcibly ousted from the matrimonial home.
4. Learned counsel for the petitioner submits that the learned Family Court, vide order dated 18.10.2023, allowed the application filed under Section 125 Cr.P.C.; however, the respondent-husband has deliberately failed to comply with the said order. Consequently, the petitioner was constrained to file an application dated 10.4.2025 under Section 125(3) Cr.P.C. seeking recovery of the maintenance amount. It is further submitted that in the said application, the petitioner specifically pleaded that the respondent-husband is employed as a Constable in the Uttar Pradesh Police and is posted at Agra, and therefore prayed for deduction of Rs. 13,000/- per month from his salary to ensure regular payment of maintenance. It is also contended that the respondent-husband possesses sufficient agricultural land and earns additional income therefrom.
5. Having heard learned counsel for the petitioner, and on perusal of the record, this Court finds that the learned Family Court has failed to advert to the material pleadings and the settled legal principles governing enforcement of maintenance orders. The order neither considers the admitted fact that the respondent-husband is a salaried government employee nor addresses the prayer for salary deduction, which is a recognized and efficacious mode for securing compliance, which clearly reflects non-application of judicial mind.
6. This Court has consistently held that once the employment and regular income of the husband are established, the Family Court is duty-bound to adopt effective measures to ensure compliance with maintenance orders, so that the beneficiary is not compelled to initiate repeated execution proceedings. Reference in this regard may be made to the judgment of this Court in Rajesh Babu Saxena vs. State of U.P. and Another, [2024 SCC OnLine All 2260], wherein it has been categorically observed that compelling a claimant to file successive applications under Section 125(3) Cr.P.C. defeats the very object of the provision.
7. In view of the aforesaid facts and legal position, the petition stands disposed of with a direction to the learned Principal Judge, Family Court, Hathras, to consider and decide the application filed by the petitioner-wife under Section 125(3) Cr.P.C., and to ensure uninterrupted enforcement of the maintenance order dated 18.10.2023, and in the light of the principles laid down by this Court in Rajesh Babu Saxena (supra), preferably within a period of three days from the date of receipt of a certified copy of this order. A copy of the order so passed shall be forwarded to this Court within a period of two weeks from the date of passing of such order and shall form part of the record of the present case.
8. The Registrar (Compliance) is directed to transmit a copy of this order forthwith to the learned Principal Judge, Family Court, Hathras, for immediate compliance.
(Vinod Diwakar,J.)
December 10, 2025
Shafique
