Dismissed¶13

Bijendra Kumar v. State of U.P. and 2 Others

Allahabad HC31 Jul 2025A482/38466/2024

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Allahabad High Court (Anish Kumar Gupta, J.), Application U/S 482 No. 38466 of 2024, decided 1.8.2025 — S.482 Cr.P.C. petition against interim maintenance under S.125 Cr.P.C. (Rs. 5,000/- p.m. wife, Rs. 3,000/- p.m. daughter) dismissed; interim payments adjustable against final maintenance order; Family Court Meerut; interim maintenance non-interference.

What did the court decide?

The Court declines to interfere with the interim maintenance order because the main proceedings under Section 125 Cr.P.C. are still pending and the amount awarded as interim maintenance is a reasonable and meagre amount, with the applicant having full opportunity to defend the pending proceedings. ¶12

Bijendra Kumar Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:129080

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(SL No.25)

Court No. - 78

Case :- APPLICATION U/S 482 No. - 38466 of 2024

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Applicant :- Bijendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashutosh Kumar Srivastava,Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Satyendra Tiwari, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 28.08.2024 passed in Case No. 903 of 2022 (Smt. Ritu Singh and Another vs. Bijendra Kumar) under Section 125 Cr.P.C., P.S.- Manwana, District- Meerut, pending in the court of learned Additional Principal Judge, Family Court No.1, Meerut.

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3. Learned counsel of the applicants submits that the applicant admits that the opposite parties no.2 and 3, are the wife and daughter of the applicant herein respectively. The instant appeal has been filed challenging the interim order dated 28.08.2024, whereby interim maintenance at the of Rs. 5,000/- per month and Rs. 3,000/- per month has been awarded as maintenance to the opposite parties no. 2 and 3, respectively.

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4. Since the main proceedings under Section 125 Cr.P.C. are still pending and the amount awarded as interim maintenance is very a reasonable and meagre amount, in view thereof, this Court does not deems it appropriate to interfere with the said proceedings specifically when the applicant herein has full opportunity to defend the aforesaid proceedings, which are still pending before the trial court. Any amount which shall be paid by the applicant in terms of the interim order shall be subject to the final order passed by the trial court and will be adjusted against the final order.

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5. In view thereof, this Court do not find any good reason to interfere in the instant case. Accordingly, the instant application is dismissed .

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Order Date :- 1.8.2025 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Bijendra Kumar v. State of U.P. and 2 Others

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Bijendra Kumar v. State of U.P. and 2 Others

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