HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11754 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the material available on record. 2. The present petition has been instituted seeking quashing of the order dated 15.07.2025, whereby the petitioner has been directed to deposit a sum of Rs.60,000/- in favour of respondent-wife. The petitioner has further prayed for a stay of the order dated 10.04.2024, passed by the learned Family Judge, whereby interim maintenance has been awarded in favour of the respondent–wife. Additionally, the petitioner seeks a direction to the learned Principal Judge, Family Court, Maharajganj, to decide Restoration Application No. 809 of 2025, along with the accompanying application under Section 5 of the Limitation Act, filed in Case No. 1034 of 2023 (Jainab Khatton v. Ziyahul Haq), expeditiously within a stipulated time frame. 3. The prosecution's case, in brief, is that the petitioner has solemnized marriage with the respondent on 14.12.2017 in accordance with Muslim rites and customs. It is alleged that soon after the marriage, the petitioner and his family members started harassing and subjecting the respondent to cruelty on account of additional dowry demands. On 25.12.2022, it is alleged that the petitioner, along with his family members, assaulted the respondent-wife and thereafter deserted her, leaving her to lead a destitute life. Thereafter the respondent-wife moved an application under Section 144 BNSS seeking maintenance. 4. Learned counsel for the petitioner submits that the petitioner had gone to the UAE in the year 2023 with the consent of the respondent-wife, where he Versus Counsel for Petitioner(s) : Manish Kumar, Sumit Kumar Srivastava Counsel for Respondent(s) : Ziyaul Haq .....Petitioner(s) Jainab Khatoon .....Respondent(s) got employment. It is submitted that after about three months of the petitioner's employment abroad, the respondent-wife started pressurizing the petitioner's family members to shift to her parental home as a matter of routine. The petitioner returned to India in January 2024. During this period, the respondent-wife initiated proceedings for maintenance by filing an application under Section 144 BNSS. The learned Family Court, without affording any opportunity of hearing to the petitioner, decided the said application ex parte by order dated 10.05.2024. 5. It is further submitted that a restoration application against the said ex parte order has been filed and is pending consideration. However, the court below, without deciding the delay condonation application, proceeded to decide the interim application (Paper No. 7C) and fixed interim maintenance at Rs.60,000/-, which amount has been directed to be paid to the respondent. 6. Learned A.G.A. submits that the petitioner has not served any prior notice to the State. Accordingly, learned counsel for the petitioner be directed to furnish a copy of the petition to him to enable effective compliance of this order. 7. After hearing learned counsel for the petitioner and upon careful perusal of the record, this Court does not find any manifest illegality, irregularity, or arbitrariness in the impugned orders that would warrant interference under Article 227 of the Constitution. The Family Court has acted within the scope of its jurisdiction in adjudicating matters under Section 144 BNSS. 8. In the interest of justice and to ensure the expeditious disposal of the dispute, the Family Court is hereby directed to adjudicate the pending application under Section 144 BNSS finally, expeditiously preferably within a period of six months from the date of production of a certified copy of this order. The Family Court shall afford due and adequate opportunity of hearing to all parties concerned and shall decide the matter strictly on its merits, while duly considering any pending restoration or delay-condonation applications filed before it. 9. The petitioner is hereby directed to pay all arrears and maintenance amounts as determined and awarded by the Family Court. It is further made clear that the petitioner shall not be permitted to leave the country until he has duly complied with the aforesaid directions and cleared the entire arrears, subject to any other legal restrictions that may be in force. A227 No. 11754 of 2025 2 10. The S.H.O., P.S. Bhitauli, District Maharajganj, is directed to ensure that the petitioner does not leave the country without making the entire maintenance award accrued till date. 11. Learned counsel for the petitioner is directed to provide a copy of this petition to the learned A.G.A. for necessary compliance. 12. With the aforesaid observations and directions, the instant petition stands dismissed. October 9, 2025 A. Tripathi A227 No. 11754 of 2025 3 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad