Neutral Citation No. - 2025:AHC:84753 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5816 of 2025 Applicant :- Shekhar Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Tripathi,Narendra Kumar Counsel for Opposite Party :- Dhirendra Bahadur Singh,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicant, Mr. Dhirendra Bahadur Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State. This application U/S 528 BNSS has been filed by the applicant with the prayer to quash the impugned order dated 17.08.2024 passed by Principal Judge, Family Court, Jhansi passed in Case No.1106 of 2022 (Prinsi Dwivedi Vs. Shekhar Dwivedi) U/S 125 Cr.P.C. moved by opposite party no.2 by which the interim maintenance was awarded by the learned Family Court. On 10.04.2025, the following order was passed in the matter:- "Learned counsel for the applicant is ready to come up with a draft of Rs. 50,000/- in favour of O.P. No. 2 - Princy towards interim maintenance as granted to show his bonafide. As prayed, put up this case on 30th April, 2025 as fresh." Today on the matter being taken up, learned counsel for the applicant submits that the applicant is not in a position to deposit the said amount. It is further contended by learned counsel for the applicant that the court below has not applied its mind while passing the impugned order. It is next contended by learned counsel for the applicant that applicant is not in a position to give the amount of interim maintenance. On the other hand, learned counsel for opposite party no.2 submits that by order dated 17.08.2024 the applicant was ordered to pay a sum of Rs 4000/- per month as interim maintenance from the date of filing of the application i.e. 28.06.2023. He further submits that since then, almost 1 year and 10 months have passed, but till now the applicant has not paid a single penny to opposite party no.2. Learned AGA has supported the impugned order and contended that opposite party no. 2 is legally wedded wife of applicant and the court below has only granted interim maintenance of Rs. 4000/- to maintain herself during the course of hearing on the application filed u/s 125 Cr.P.C., which cannot be said to be excessive in any circumstances of the case to meet necessities and there are no illegality or perversity in the orders passed by the courts below. From the perusal of the record, it emerges that the matter is still pending before the court below for final decision. The prayer for quashing of the order passed by the court below would amount to denial of justice to the opposite party no.2 who is the legally wedded wife of the applicant. Having considered the rival submission advanced by the learned counsels for the parties, it emerges that the matter is still sub- judice before the court below. Moreover, the applicant has not complied the order dated 10.4.2025 passed by this Court. Since the matter is pending before the court below, the applicant will have ample opportunity to adduce the material in support of his claim. The applicant neither complied the order passed by this court to show his bonafide nor has paid the interim maintenance to his legally wedded wife and is trying to dilate the matter by the process of law. This Court does not find any justifiable ground to interfere with the order passed by the court below. The prayer for quashing the impugned order is refused. Accordingly, the application is hereby dismissed. Order Date :- 20.5.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad