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Tauheed @ Babloo vs State Of U P And Another

High Court Of Judicature at Allahabad|26 April, 2019
Court No. - 65
Case :- APPLICATION U/S 482 No. - 16495 of 2019 Applicant :- Tauheed @ Babloo Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zaid Arshad,Arshad Hamid Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing of order dated 13.03.2019 passed by the Principal Judge, Family Court, Bhadohi in Complaint Case No.F174 of 2015 (Smt. Yasmeen Begum vs. Tauheed @ Babloo) u/s 125 Cr.P.C., P.S.-Kotwali Bhadohi, District-Bhadohi whereby the applicant has been directed to pay the maintenance amount of Rs.2000/- per month to the opposite party No.2 and Rs.1000/- per month to the minor child from the date of order.
Heard learned counsel for the applicant and learned A.G.A. and also perused the record.
Counsel for the applicant has not been able to point out any such illegality, much less than any abuse of court's process which may persuade this Court to interfere in the impugned order. Perusal of the impugned order shows that due judicial mind was duly applied by the court below. Issues were validly framed and the evidence and circumstances were well discussed in the impugned order. There were clear allegations of committing cruelty upon the wife and she has been grossly neglected and all sort of ill-treatment was inflicted upon her. Rs.3000/- per month has been fixed as maintenance amount which does not appear to be either excessive or disproportionate in the present days of high price rise. The provisions of Section-
125 of Cr.P.C. are beneficiary in nature and are meant to provide some succour to the neglected wives in order to prevent vagrancy and destitution. This Court does not see any such element of perversity on the basis of which impugned order may be interfered with. This Court also does not see any good reason to take any different view in the matter.
The present application, therefore, stands dismissed.
Order Date :- 26.4.2019 M. Kumar
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  • Karuna Nand Bajpayee
  • Zaid Arshad Arshad Hamid