Neutral Citation No. - 2025:AHC:84914 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6672 of 2025 Applicant :- Shiv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Chandra Tripathi,Prabhat Kumar Srivastava,Prakhar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Dinesh Chandra Tripathi, learned counsel for the applicant as well as Mr. P.K. Singh, learned counsel for the State and perused the record. The present 528 BNSS application has been filed by the applicant with the following prayer :- "It is, therefore most respectfully prayed that this Hon'ble court may kindly be pleased to allow this application and to quash the entire proceedings of the computerized case/ maintenance No. 548 of 2023 (Sudhir Kumari Versus Shiv Kumar) Under section 125 Cr.P.C. (annexure no.1 to this affidavit), pending in the Court of Learned Principal Judge Court Bulandshahar and It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the above case, during the pendency of the present criminal misc. application before this Hon'ble Court otherwise the applicant shall suffer irreparable loss which cannot compensated in any terms of money. and / or pass such other an further orders which this Hon'ble Court may deem fit and proper in the circumstances of the case." Learned counsel for the applicant submits that the marriage of applicant was solemnized with opposite party no.2 on 18.06.1987 according to Hindu rites and rituals. However, the relations between the two became strained, therefore, opposite party no.2 left the house of the applicant. He further submits that despite several efforts, the opposite party no.2 did not return rather filed a divorce petition which was allowed in view of the compromise as entered into between the parties on 12.05.1993. It appears that some case was also lodged by opposite party no.2 under Sections 498A, 406 I.P.C. and Section 3/4 D.P. Act at Police Station- B.B. Nagar, District- Bulandshahar in which the matter travelled up to the Hon'ble High Court and the applicant filed Application U/S 482 No.-51 of 2006 (Shiv Kumar And Others vs. State of U.P. and Another). The proceedings against the applicant-husband were quashed mentioning about the divorce petition which was allowed on the basis of compromise between the parties. In view of the compromise, the matter between the parties was settled and after taking into consideration the aforesaid, the divorce petition was decided, hence nothing remained between the parties. However, after several years, the present maintenance application has been filed on 04.05.2023 wherein notice has been issued to the applicant-husband. Learned A.G.A. for the State submits that after receiving the notice, the proper remedy available for the applicant was to file an objection before the court concerned mentioning for the aforesaid facts. On the aforesaid, learned counsel for the applicant prays that he may be permitted to file an objection before the court concerned, within stipulated period. In view of the aforesaid, taking into consideration the fact that at this stage no orders have been passed against the applicant, the matter is being decided without calling for any further affidavits or issuing notice to the opposite party no.2. Considering the facts and circumstance, without expressing any opinion on the merits of the case, the present application is disposed of by providing that applicant may file fresh application/objection, ventilating all his grievances, supported by such documents, as may be advised, before the Court concerned, along with a certified copy of this order within a period of four weeks from today. On such application being made, the Court concerned shall pass appropriate order, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to both the parties concerned, as expeditiously as possible, from the date of production of certified copy of this order, if there is no legal impediment. Till final orders are passed by the Court below on the aforesaid application/objection, no coercive action shall be taken against the applicant in the aforesaid case. Needless to say that the applicant shall be at liberty to approach this Court in case any such order is passed against him, by which he is aggrieved. Order Date :- 20.5.2025/Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad