Allahabad High Court
Ajit Kumar Pandey vs State Of U.P. And Another on 9 December, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2025:AHC:220355 HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 14662 of 2025 Ajit Kumar Pandey .....Petitioner(s) Versus State of U.P. and Another .....Respondent(s) Counsel for Petitioner(s) : Amit Kumar Verma, Manvendra Nath Singh Counsel for Respondent(s) : G.A. Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. By means of the present writ petition, the petitioner has prayed for issuance of an appropriate direction to the learned Principal Judge, Family Court, Siddharth Nagar, for expeditious disposal of Application No. 59-Kha dated 15.07.2025, preferred by the petitioner in Criminal Misc. Case No. 570 of 2019, titled Smt. Kusum Pandey v. Ajit Kumar Pandey, under Section 128 Cr.P.C., registered at Police Station Sidharth Nagar, District Sidharth Nagar, within a stipulated time frame.
3. The brief facts of the case are that the marriage between the petitioner and respondent no.2 was solemnized on 01.03.2002 according to Hindu rites and customs. It is alleged that the parents of respondent no.2 spent substantial amounts commensurate with their financial capacity and provided necessary household articles at the time of marriage. Out of said wedlock, one son was born. However, it is alleged that the petitioner and his family members were not satisfied with the dowry provided and subjected respondent no.2 to persistent physical and mental cruelty coupled with continuous demands for additional dowry, compelled her to leave the matrimonial home.
4. The case of the respondent-wife is that the petitioner is employed in a government department in District Gorakhpur and also runs a medical shop, and that his parents are employed in the Health Department. The respondent no.2 thereafter lodged two complaints against the petitioner and his family members: first on 16.11.2004, registered as Case Crime No. 659 of 2004, under Sections 498A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act; and subsequently on 22.12.2004, registered as Case Crime No. 732 of 2004, under Sections 498A, 342, 323, 328, 504 IPC.
5. Learned counsel for the petitioner submits that respondent no.2 instituted proceedings under Section 125 Cr.P.C. on 04.01.2005, registered as Criminal Case No. 2 of 2005. The learned Magistrate, vide order dated 08.08.2005, allowed the application and awarded maintenance of Rs. 5,000 per month to respondent no.2 and Rs. 2,000 per month to her minor son from the date of filing of the application. Subsequently, on 05.07.2023, respondent no.2 preferred an application under Section 128 Cr.P.C. seeking enhancement of maintenance from Rs.7,000 per month to Rs.25,000 per month. The trial court, vide order dated 02.08.2023, allowed the application and enhanced the amount to Rs. 25,000 per month. Aggrieved thereby the petitioner filed Application U/s 482 No.35220 of 2023 before this Court, which was disposed of on 22.09.2023 by recalling the order dated 02.08.2023 and modifying it to the extent that the petitioner shall deposit Rs.11,000 instead of Rs.18,000 as installments towards recovery of arrears amounting to Rs.11,44,000, and the total amount payable per month including Rs.7,000 towards maintenance shall be Rs. 18,000, subject to regular payment.
6. Learned counsel further submits that the petitioner's son has now attained majority, as per the School Certificate issued by the Principal, City Montessori School, Itwa, District Siddharth Nagar, dated 16.11.2023, showing his date of birth as 27.12.2002. The petitioner thereafter moved Application No.59-Kha before the court below, contending that maintenance of Rs.2,000/- per month allowed to the son is no longer payable. However, no order has been passed on the said application till date. It is submitted that such inaction is arbitrary, unjustified, and contrary to the mandate of law, warranting suitable directions from this Court for expeditious disposal of the aforesaid application.
7. Upon perusal of the material on record, it emerges that the original maintenance order was passed on 08.08.2005 and the trial court, vide order dated 02.08.2023 enhanced the amount to Rs.25,000 per month. The petitioner has repeatedly defaulted in complying with the same. From the application dated 05.07.2023 filed by respondent no.2 before the learned Principal Judge, Sidharth Nagar, it is evident that arrears of maintenance amounting to Rs. 11,44,000 have accumulated and remain unpaid. It is an undisputed fact that the petitioner is employed in a government department at Gorakhpur.
8. Accordingly, the Sub-Divisional Magistrate, Gorakhpur, is directed to assess the financial capacity of the petitioner and to initiate appropriate recovery proceedings for the aforesaid arrears of maintenance in accordance with law. The authority concerned shall ensure that the recovered amount is duly credited to the bank account of respondent no.2 without delay.
9. A compliance report in this regard shall be submitted before the concerned learned Family Court within a period of four weeks through the District Magistrate, Gorakhpur.
10. With the aforesaid observations and directions, the writ petition stands disposed of.
(Vinod Diwakar,J.) December 9, 2025 A. Tripathi