Dismissed¶13

Shahbaz Ahmad v. State of U.P. and Another

Allahabad HC28 Jul 2025A482/31264/2024

Case brief

AI extract

What is this about?

Allahabad High Court, 482 CrPC application dismissed; quashing of interim maintenance order dated 10.05.2024 refused; Section 125 CrPC Maintenance Case No.207 of 2023, Principal Judge Family Court Prayagraj; interim maintenance Rs.4,500/- per month from 21.12.2023; adultery plea to be proved before trial court; pending proceedings continue; Anish Kumar Gupta J.; order date 29.7.2025; neutral citation 2025:AHC:125371.

What did the court decide?

The allegation that opposite party no.2 is living in adultery is a matter required to be pleaded and proved before the trial court during the pendency of the section 125 Cr.P.C. proceedings; it cannot sustain quashing of the interim order at this stage. ¶11

Shahbaz Ahmad Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:125371

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 31264 of 2024

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Applicant :- Shahbaz Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadaqat Ullah Khan Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Sadaqat Ullah Khan, learned counsel for the applicant and Sri Rajesh Kumar Gupta, learned AGA for the State.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants seeking quashing of the impugned order dated 10.05.2024 passed by the learned Principal Judge, Family Court, Prayagraj, in Maintenance Case No.207 of 2023(Smt. Rukhsar Jahan Vs. Shahbaj Ahmad), under section 125 Cr.P.C., Police Station Kareily, District Prayagraj, as well as proceedings of said maintenance case, pending in the court of learned Principal Judge, Family Court, Prayagraj.

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Learned counsel for the applicant submits that the opposite party no.2 is the wife of the applicant herein and there was a matrimonial dispute between them, due to which various proceedings have been filed by the parties against each other. In furtherance thereof an application under section 125 Cr.P.C. has also been filed by the opposite party no.2, which is pending adjudication before the Principal Judge, Family Court, Prayagraj, wherein vide order dated 10.05.2024 an interim maintenance @ Rs.4,500/- per months, from the date of application i.e. 21.12.2023 has been awarded by the Principal Judge, Family Court, Prayagraj, to the opposite party no.2. Learned counsel for the applicant submits that since the

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opposite party no.2 is living in adultery, therefore, she is not entitled for maintenance. Therefore, the order of interim maintenance is not sustainable in law.

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Per contra, learned AGA for the State submits that the submission that the opposite party no.2 is living in adultery is required to be pleaded and proved before the trial court, during the pendency of the aforesaid proceeding. If the applicant succeeds in pleading and proving the aforesaid facts before the trial court, the trial court will pass the appropriate order. Since in the instant case already an interim order of maintenance has been passed, that too @ Rs.4,500/- per month only, which is a meager amount, no interference is called for, specifically when the proceedings are still pending, where the applicant has full opportunity to lead all the evidence in support of his submissions, whereupon taking into consideration the entire material of the case the trial court will pass final order. In view thereof, learned AGA for the State submits that no interference is called for by this Court in the instant case.

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Having heard the rival submissions so made by learned counsel for the parties, this Court has clear view that from the record of the case it is apparent that the allegations/submissions of learned counsel for the applicant that the opposite party no.2 is living in adultery is required to be pleaded and proved before the trial court. Since the impugned order dated 10.05.2024 is only an interim order, during the pendency of the application under section 125 Cr.P.C. the applicant has full opportunity to plead all his submission and lead the evidence in support thereof and since vide impugned order only a meager amount of Rs.4,500/- per month has been awarded to the opposite party no.2, who is admittedly the wife of the applicant herein.

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