Allahabad High Court

Mohd Gulshan Qureshi vs State Of U.P. And Another on 1 May, 2025





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69361
 
Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 36701 of 2024
 

 
Applicant :- Mohd Gulshan Qureshi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Narendra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Prashant Kumar,J.

1. Heard Sri Narendra Kumar, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record.

2. The present application has been filed by the applicant praying for quashing the impugned judgment and order dated 03-06-2023 passed by learned Principal Judge, Family Court, Jhansi in Case No. 500 of 2021 (Smt. Nisha Bano @ Jaiba Bano Vs. Gulshan Qureshi) under Section 125 Cr.P.C.

3. Learned counsel for the applicant submits that although the quantum of maintenance may not be excessive but the applicant is unable to pay the same due to his poor health and financial hardship.

4. Per contra, learned counsel for opposite party no. 2 submits that the learned Family Court has passed the impugned order after due consideration of all relevant facts and evidence placed on record and that no illegality or perversity exists in the order so as to warrant interference by this Court.

5. Having heard the rival submissions and upon perusal of the record, including the impugned order, this Court finds that the court below has considered all relevant aspects of the case, including the financial condition of both parties and the submissions made on their behalf. The order awarding interim maintenance cannot be said to be arbitrary or passed without application of judicial mind. This Court is not inclined to interfere with the interim maintenance order at this stage.

6.The instant application is, accordingly, dismissed.

Order Date :- 1.5.2025

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