HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42517 of 2025 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Nitin Chandra Mishra, learned counsel for the applicant, learned A.G.A. for the State as well as Sri Santosh Kumar Jaiswal, learned counsel for the opposite party no. 2 and perused the record. 2. By means of this application, the applicant has challenged the order dated 23.09.2025 passed by the learned Additional Principal Judge, Family Court, Court No. 4, Aligarh in Case No. 857 of 2023 (Smt. Rachana and others Vs. Abhishek Sharma), under Section 125 Cr.P.C., by which application under Section 125 Cr.P.C. for interim maintenance filed by the opposite party no. 2 has been allowed and the applicant has been directed to pay a sum of Rs. 5,000/- per month to the opposite party no. 2 and Rs. 3000/- per month each to the opposite party nos. 3 and 4 as interim maintenance. 3. Learned counsel for the applicant has submitted that marriage of the applicant was solemnized with the opposite party no. 2 according to Hindu rites. Two children were born from their wedlock. He is a labourer and he is earning Rs. 7,000/- per month. He is living in a rented house and he has no his own house. The opposite party no. 2 is earning Rs. 27,000/- to Rs. 30,000/- per month by stitching work. Learned family court has not taken into consideration this fact and directed the applicant to pay Rs. 5,000/- per month to the opposite party no. 2 and Rs. 3000/- per month each to the opposite party nos. 3 and 4 as interim maintenance. Applicant has limited resources and he unable to maintain his wife and children. The impugned order passed by the learned family court is bad in law and is too excessive. 4. Per contra, learned counsel for the opposite party no. 2 opposed the Versus Counsel for Applicant(s) : Nitin Chandra Mishra, Prabhakar Pal Counsel for Opposite Party(s) : G.A., Santosh Kumar Jaiswal Abhishek Sharma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) submission made by learned counsel for the applicant and submitted that the marriage of the opposite party no. 2 was solemnized with the applicant on 10.02.2015 according to Hindu rites and two children were born out of their wedlock. She was expelled from her matrimonial house on 23.07.2022. The opposite party no. 2 is residing in parental house with her parent. She is fully depend upon them. The applicant is practicing advocate in civil court and also running general store shop with his father. He has also given five rooms of house on rent and in this way his monthly income is Rs.60,000/- per month. The learned family court has not committed any illegality in passing the impugned order. 4. From the perusal of the record, it is evident that the opposite Party No.2 is the wife of the applicant. Her marriage was solemnized with the applicant on 10.02.2015 according to Hindu rites. Two children were born out of their wedlock. The opposite party no. 2 is residing in her parental house with her parent. Applicant is an able bodied person. An able-bodied person has to be presumed to be capable of earning sufficient money so as to be reasonably able to maintain his wife and he cannot be heard to say that he is not in a position to earn enough to be able to maintain her according to the family standard. No cogent grounds have been canvassed as to why such able bodied person is unable for reasons beyond his control, to earn enough to discharge his legal obligation to maintain his wife and children. 5. Present application u/s 528 B.N.S.S. being devoid of merit is accordingly dismissed. March 10, 2026 Rmk. NA528 No. 42517 of 2025 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad