Neutral Citation No. - 2025:AHC:77844 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5056 of 2025 Applicant :- Smt. Madhu Chaudhary Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lallan Prasad Singh,Lok Nath Shukla,Sumant Rai Counsel for Opposite Party :- G.A.,Sanjay Dwivedi Hon'ble Raj Beer Singh,J. 1. Heard Sri Lok Nath Shukla, learned counsel for the applicant, Sri Ranjeet Asthana, learned counsel for opposite party No. 2, Sri Sanjay Dwivedi, learned counsel for opposite party No. 3 and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party no.3 to ensure the compliance of the order dated 12.9.2024 passed by the learned Additional Principal Judge, Family Court, Court no.5, Prayagraj in misc. case no. 717 of 2022, Rajesh Kumar Vs. Smt. Madhu Chaudhary, under Section 128 Cr.P.C., execution case no. 25 of 2024, Smt. Madhu Chaudhary Vs. Rajesh Kumar, (Annexure.no.3 to the affidavit) by sending the amount of Rs 20,000/- per month in the saving account no. 59002472384 Allahabad Bank, Sulemsarai, Prayagraj of the applicant after deducting the said amount from the salary of the opposite party no.2, during the pendency of the present criminal misc. application, and/or grant such other and further relief which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 3. It has been submitted by learned counsel for the applicant that by order dated 12.09.2024 the Family court has directed the D.D.O. of concerned department to deduct Rs. 12,000/- per month for maintenance and Rs. 8,000/- per month for arrears of maintenance from the salary of opposite party No. 2 and to send the same to the account of applicant but the said department is not transferring the said amount into the account of applicant. Referring to the facts of the matter, it was submitted that a direction may be made to opposite party No. 3 to ensure compliance of the order dated 12.09.2024. 4. Learned counsel for opposite party Nos. 2 and 3 have opposed the application and submitted that the order passed under Section 125 Cr.P.C. has already been modified by this Court vide order dated 03.12.2024 passed in criminal revision no. 446 of 2024 and thus the arrears of maintenance have to be calculated in accordance with that order and pursuant to that order an application has already been filed before the Family court concerned. 5. In view of the aforesaid, it is directed that in case applicant moves an appropriate application before the Family court concerned raising her aforesaid grievance, within a period of two weeks from today, the same shall be considered and decided by the Family court concerned expeditiously in accordance with settled law. 6. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 13.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad