HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38960 of 2025 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Sri Vijay Kumar Pandey, learned counsel for the applicants, Sri Satish Kumar, learned counsel for opposite party No.2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed to modify order dated 12.8.2025 passed by learned Additional Principal Judge, Family Court Third, Jaunpur in Execution Case No.361 of 2022 (Aaradhna Vs. Vijay) under Section 128 Cr.P.C., P.S. Sujanganj, District Jaunpur. 3. Learned counsel for the applicants submits that the marriage of applicant No.1 (wife) was solemnized with opposite party No.2 (husband) on 18.06.1999 in accordance with Hindu rites and rituals. Out of the said wedlock, two daughters (applicant Nos.2 and 3) were born. It is further submitted that applicant No.1 filed an application under Section 125 Cr.P.C. on 17.02.2016 seeking maintenance for herself and her two daughters. The said application was allowed by the learned Family Court vide order dated 17.01.2022, whereby opposite party No.2 was directed to pay Rs.6,000/- per month to applicant No.1 and Rs.2,000/- per month each to applicant Nos.2 and 3 until they attained majority from the date of filing of the application and also directed to opposite party No.2 to pay the entire arrears amount from the date of filing of application to date of order in four installment. Versus Counsel for Applicant(s) : Vijay Kumar Pandey Counsel for Opposite Party(s) : G.A., Pankaj Kumar Shukla, Prabha Shanker Pandey, Satish Kumar Aaradhna Alias Aaradhna Tiwari And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. It is next submitted that the said order dated 17.01.2022 was not challenged by opposite party No.2 and has attained finality. The opposite party No.2 started paying Rs.10,000/- per month to the applicants but he did not pay arrears amounting to Rs.7,20,000/-. Consequently, the applicants filed an application under Section 128 Cr.P.C. on 22.02.2022 for recovery of arrears, which was registered as Execution Case No. 361 of 2022. Thereafter, the applicants filed application 9-Kha dated 22.11.2023 seeking recovery of the outstanding arrears and opposite party No.2 filed his objection 10Kha. The learned Family Court, vide order dated 22.11.2023, directed that an additional sum of Rs.5,000/- towards arrears be included along with the monthly maintenance of Rs.10,000/-, thereby directing opposite party No.2 to pay a total of Rs.15,000/- per month. Subsequently, the applicants filed Application under Section 482 Cr.P.C. No.8327 of 2024 before this Court seeking expeditious disposal of the execution proceedings. Vide order dated 23.05.2024, a Coordinate Bench of this Court directed the court below to decide the execution case expeditiously, preferably within three months. In compliance thereof, the learned Family Court passed order dated 06.08.2024 directing opposite party No.2 to pay the entire arrears without delay. 5. It is further submitted that against the order dated 06.08.2024, opposite party No.2 preferred Application under Section 482 Cr.P.C. No.28968 of 2024 before this Court seeking permission to pay the arrears in reasonable installments. Vide order dated 11.04.2025, a Coordinate Bench of this Court directed opposite party No.2 to file an application before the Family Court concerned within two weeks to pay the arrears in installments. Pursuant thereto, opposite party No.2 filed an application before the Family Court on 23.04.2025, to which applicant No.1 filed objections dated 13.05.2025. It is contended that the learned Family Court, vide impugned order dated 12.8.2025, has miscalculated the arrears of maintenance as Rs.1,56,500/-, whereas according to the applicants, the remaining arrears amount to Rs.4,30,502/-. It is thus submitted that the calculation of arrears is erroneous and the impugned order is liable to be modified accordingly. 6. Per contra, learned counsel for opposite party No.2 as well as learned A.G.A. opposed the prayer and submitted that vide order dated NA528 No. 38960 of 2025 2 117.1.2022 passed by the Family Court, the opposite party No.2 was directed to pay Rs.10,000/- per month towards maintenance from the date of filing of application and also to pay the arrears amount in four installments. It is further submitted that vide order dated 06.08.2024, the Family Court directed opposite party No.2 to pay the arrears without delay and also directed applicant No.1 to disclose the amount already received by her and the amount still outstanding. It is next submitted that the opposite party No.2 filed an Application U/S 482 Cr.P.C. No.28968 of 2024. The coordinate Bench of this Court vide order dated 11.4.2025 directed the opposite party No.2 to file an application before the Family Court concerned within a period of two weeks to pay the arrears of maintenance in installments. The learned Family Court vide order dated 12.8.2025 calculated amount of arrears of maintenance. It is further submitted that as per the payment slips the opposite party No.2 has paid Rs.3,48,998/- till date and only Rs.3,71,000/- remaining as arrears of amount. It is further submitted that the matter is still pending before the Family Court, and it is open to the applicants to move an appropriate application for recalculation, if so advised. Hence, the present application is liable to be dismissed. 7. Having considered the submissions advanced by learned counsel for the parties, it transpires that the learned Family Court, vide impugned order dated 12.08.2025, calculated the arrears of maintenance at Rs.1,56,500/- and directed opposite party No.2 to pay the said amount in three installments of Rs.52,166.66/- each. The impugned order reflects that the Family Court undertook a detailed calculation of the arrears amount. 8. The primary contention of learned counsel for the applicants is that the actual arrears payable amount to Rs.4,30,502/-, whereas learned counsel for opposite party No.2 contends that after payment of Rs.3,48,998/-, only Rs.3,71,000/- remains outstanding. 9. In view of the aforesaid facts and circumstances, it is directed that in case the applicants move an application before the learned Family Court seeking recalculation of the arrears of maintenance, the same shall be considered and decided within a period three weeks from the date of NA528 No. 38960 of 2025 3 production of certified copy of this order, expeditiously, in accordance with law. 10. With the aforesaid observations, the instant application is disposed of. February 24, 2026 Md Faisal NA528 No. 38960 of 2025 4 (Chawan Prakash,J.) Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad