Allahabad High Court

SHYAM SUNDERversusSTATE OF U.P. AND 2 OTHERS

Decided: 15 March 2026
Bench: CHAWAN PRAKASH

Holding

The High Court dismissed the petition, holding that it was devoid of merit and the Family Court did not commit any illegality.

Summary

The applicant, Shyam Sunder, filed a petition under Section 482 of the CrPC seeking to set aside the Family Court’s order dated 23 September 2024 that dismissed his request to pay arrears of maintenance in monthly installments of Rs 30,000. The maintenance orders under Section 125 CrPC required him to pay Rs 10,000 per month to his wife and Rs 5,000 to his child, and an earlier order required Rs 15,000 per month to his father, leaving arrears of about Rs 7.33 lakh. The applicant argued that his net salary of about Rs 50,590 after deductions (gross about Rs 82,000) and his contributions to the GPF made a lump‑sum payment impossible, and that the Family Court failed to consider his financial position. The respondents contended that the applicant’s gross salary exceeds Rs 80,000 and that he has sufficient resources to discharge the liability, and that the Family Court acted within its jurisdiction. The High Court examined the material and held that the petition was without merit, finding no illegality in the Family Court’s dismissal, and consequently dismissed the application, leaving the Family Court’s order intact.

Issues considered

Whether the Family Court erred in dismissing the applicant’s request for installment payment of maintenance arrears under Section 125(3) CrPC.
Whether the applicant’s financial capacity precludes a lump‑sum payment of the arrears.

Legislation cited

Code of Criminal Procedure, 1973 — s. 125, 125(3), 482

Subjects

maintenance
Section 125 CrPC
Section 482 CrPC
family court
arrears of maintenance
installment payment
financial capacity
high court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 40223 of 2024

Shyam Sunder
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)

Counsel for Applicant(s) : Abhishek Dubey, Jai Raj
Counsel for Opposite Party(s) : G.A., Suvash Ram

Court No. - 80
HON'BLE CHAWAN PRAKASH, J.

1. Third supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and
learned counsel for the opposite party nos. 2 and 3.

3. The present application under Section 482 Cr.P.C. has been filed to set
aside the order dated 23.09.2024 passed by the Additional Principal Judge,
Family Court No. 1, Agra in Case No. 2133 of 2023 (Smt. Karuna Rani Vs.
Shyamsunder), under Section 125 Cr.P.C., pending before the court of
Additional Principal Judge, Family Court No. 1, Agra.

4. It is submitted by learned counsel for the applicant that marriage of the
applicant was solemnized with the opposite party no. 2 as per Hindu rites in
very simple manner. She filed a case under Section 125 Cr.P.C. regarding
maintenance, which was registered as Case No. 471 of 2017 (Smt. Karuna
Rani Vs. Shyamsunder). The said case was decided by the learned
Additional Principal Judge, Family Court, Agra vide judgment and order
dated 26.05.2023 by which the applicant was directed to pay Rs.10,000/- per
month to the opposite party no. 2 and Rs. 5,000/- per month to the opposite
party no. 3. The applicant has not challenged the said order. The opposite
party no. 2 filed an application under Section 125 Cr.P.C. regarding recovery
of arrears of maintenance amount, which was registered as Case No. 2133 of
2023. The applicant is working in cooperative department in Uttar Pradesh
and receives Rs.50,590/- per month after all deduction. It is further
submitted that his father Kali Charan has filed an application for his
maintenance under Section 125 Cr.P.C. against the applicant, which was
allowed by the learned Principal Judge, Family Court, Agra vide judgment
A482 No. 40223 of 2024
2

and order dated 02.04.2018 and the applicant was directed to pay Rs.
15,000/- per month as maintenance to his father. There was due of Rs.
8,14,000/- on the applicant in which he paid Rs. 81,000/- and remaining
amount of Rs. 7,33,000/- is remained to be paid. The applicant is ready to
make payment of the arrears in monthly installment of Rs.30,000/- per
month. He filed an application before the learned Principal Judge, Family
Court, regarding the same but the same was dismissed vide order dated
23.09.2024. The learned Family Court has not taken into consideration that
the applicant is not in position to pay the entire arrears in lumpsum. The said
order is bad in law and not liable to be sustained, therefore, the same is liable
to be set aside.

5. Per contra, learned counsel for the opposite party no. 2 opposed the
submission made by learned counsel for the applicant and submitted that the
marriage of the opposite party no. 2 was solemnized with the applicant
according to Hindu rites and a son was born out from their wedlock.The
applicant never paid towards maintenance amount for the opposite party nos.
2 and 3. The opposite party no. 2 filed an application under Section 125
Cr.P.C. in the year 2017 but the applicant made every possible effort to
prevent the decision of the case but the same was decided on 26.05.2023 and
the applicant was directed to pay Rs. 10,000/- per month to the opposite
party no. 2 and Rs. 5,000/- per month to the opposite party no. 3. The
applicant is not only son of his father. He has two brothers. The father of the
applicant by legal discussion, filed an application under Section 125 Cr.P.C..
The applicant has sufficient resources to pay the maintenance amount in
favour of opposite party nos. 2 and 3 but he is not interested to making
payment of maintenance amount. The salary of the applicant is more than
Rs. 80,000/- per month. He has sufficient resources to pay the maintenance
amount. The learned Family Court has not committed any illegality in
passing the impugned order.

6. As per fact of the case, marriage of the applicant was solemnized with the
opposite party no. 2 as per Hindu rites. The opposite party no. 3 was born
out from this wedlock. The opposite party no.2 filed an application under
Section 125 Cr.P.C., which was registered as Maintenance Case No. 471 of
2017. The said application was decided vide judgment and order dated
26.05.2023 and the applicant was directed to pay Rs. 10,000/- per month to
the opposite party no. 2 and Rs. 5,000/- per month to the opposite party no.3.
Thereafter the Opposite Party No. 2 filed an application under Section
125(3) Cr.P.C. regarding arrears of maintenance amount. The applicant filed
an application with the prayer that he is ready to deposit Rs.30,000/- per
A482 No. 40223 of 2024
3

month towards arrears of maintenance, which was dismissed by the
impugned order. The learned family court has given detail reasoning in the
impugned order.

7. Moreover, it is pertinent to mention here that the applicant has filed pay
slip of three months by supplementary affidavit. As per pay slip, pay of the
applicant is as; basic pay 52000, D.A. 30,160/-, H.R.A. and 4040. As per pay
slip, gross pay of the applicant is about Rs. 82,000/- per month. The
applicant is also contributing Rs.26,000/- per month in G.P.F. account,
which is more than minimum requirement. Even the applicant is an able
bodied person and he has sufficient resources to pay the arrears of
maintenance amount. Learned family court has not committed any illegality
in passing the impugned order.

8. Present application u/s 482 Cr.P.C. being devoid of merit is accordingly
dismissed.

March 16, 2026
Rmk.

(Chawan Prakash,J.)

Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad

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