IMPORTANT POINT
The court established that enforcement of maintenance orders under Section 125 Cr.P.C. must be pursued through Section 128 Cr.P.C., as the latter provides the appropriate legal framework for such enforcement without a limitation period.

JUDGMENT :

Shiv Shanker Prasad, J.

1. Heard Mr. Azad Khan, the learned counsel for the applicant and the learned A.G.A. for the State as well as perused the record.

2. Prayer made in this application

This application under Section 482 Cr.P.C. has been filed with a prayer to direct the court of Principal Judge, Family Court, Ghazipur to pass appropriate order in Misc. Case No. 57 of 2015 (Kanchan Rawat Vs. Braijlal Rawat) under Section 125 Cr.P.C., Police Station-Kotwali Ghazipur, District-Ghazipur and also for a direction upon the above court to pay the interim maintenance allowance of Rs.80,000/- in favour of the applicants in the interest of justice.

3. Matrix of the Case

The marriage of applicant no. 1, namely, Kanchan Rawat was solemnized with the opposite party no. 2, namely, Brijlal Rawat in accordance with Hindu Rites and Rituals on 01.12.2009. In the said marriage, father of the applicant no. 1 had expend 7 to 8 Lakhs rupees. After marriage, both the couple used to live together with love, peace and pleaser as husband and wife. When such additional demand of dowry was not fulfilled, the in-laws of applicant no.1 used to torture and harass her and the relationship between husband and wife became strained and incompatible and resultantly, she left the house of her in-laws and started living at her parental house during which she delivered a male child, namely, Gaurav Kumar on 2nd November, 2011. Applicant no.1 and her parents made best effort to convince the in-laws of applicant no.1 to maintain her and her son but they could not do the same. Resultantly, she filed a case under Section 125 Cr.P.C. before the Court of the Principal Judge, Family Court, Ghazipur, which was registered as Misc. Case No. 57 of 2015 (Kanchan Rawat Vs. Brijlal) for grant of maintenance. The applicant no. 1 had also moved an interim maintenance application bearing no. 15B before the court of Principal Judge, Family Court, Ghazipur, which was allowed and a direction has been issued to opposite party no. 2 to pay Rs.4,000/- per month to the applicants towards maintenance allowance, during the pendency of the case vide order dated 27.06.2017. In compliance of the interim order passed by the Family Court dated 27th June, 2017, opposite party no.2 paid the interim maintenance allowance to the applicants regularly till December, 2021 but in the year 2022, he stopped the payment of such interim maintenance allowance, as directed by the Family Court. Whereafter the applicants made an application before the Principal Judge, Family Court for payment of interim maintenance allowance. On such application being made, opposite party no.2, after laps of one and half year, had given Rs.4,000/- to the applicants in the court but arrears of such interim maintenance allowance to the tune of Rs.80,000/- as on 17th December, 2023 has not been paid by opposite party no.2 to the applicants. As a result whereof, the Principal Judge, Family Court directed opposite party no.2 to give Rs.10,000/- per month to the applicants as interim maintenance allowance towards monthly interim maintenance allowance of Rs.4,000/- and arrears of interim maintenance allowance of Rs.80,000/-. However, thereafter opposite party no.2 neither gave arrears of interim maintenance allowance of Rs.80,000/- nor paid Rs.10,000/- per month towards maintenance allowance to the applicants.

4. Now the applicants have approached this Court by means of instant application under Section 482 Cr.P.C. to pass appropriate orders in Misc. Case No. 57 of 2015 (Kanchan Rawat Vs. Braijlal Rawat) under Section 125 Cr.P.C., Police Station-Kotwali Ghazipur, District-Ghazipur as also to direct opposite party no.2 to pay the arrears of interim maintenance allowance to the tune of Rs.80,000/- to the applicants.

5. Before considering the present application on merits by the Court, learned A.G.A. has raised preliminary objection to the maintainability of the present application under Section 482 Cr.P.C. by submitting that basica