HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46248 of 2025 Court No. - 81 HON'BLE ACHAL SACHDEV, J. 1. This application u/s 528 BNSS has been preferred by the applicant challenging the entire proceeding including the interim order dated 08.07.2025, passed by learned Principal Judge, Family Court, Meerut, in Case No.557 of 2024 (Smt. Anchal Chaudhary Vs. Kushvendra Kumar), under section 125 Cr.P.C., 1973, whereby the application 10-A, moved by the opposite party no.2 for interim maintenance was allowed and the applicant was directed to pay interim maintenance of RS.7,500/- per month to the opposite party no.2/wife, from the date of application. 2. Learned counsel for the applicant submitted that the opposite party no.2 filed a claim petition 10-A dated 24.06.2024, under section 125 Cr.P.C., claiming maintenance of Rs.50,000/- per month. Thereafter, the applicant file reply 23-A on 17.03.2025, denying the marriage with opposite party no.2. 3. Learned counsel for the applicant submits that the opposite party no.2 approached the applicant for a room on rent to start her own beauty parlor, which was provided by the applicant in his plot C-38 Gol Coast Colony, near Godwin Public School, Kankarkheda Police Station Meerut. Subsequently the opposite party no.2 and applicant grew close to each other and taking advantage of the trust of applicant, the opposite party no.2 got him Versus Counsel for Applicant(s) : Arun Bhanu Shukla, Shubhangini Dwivedi Counsel for Opposite Party(s) : G.A., Hemant Kumar Kushvendra Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) intoxicated and made some objectionable videos of him and further started blackmailing him using those videos. The opposite party no.2 also made forged marriage certificate dated 10.12.2023 depicting a registered marriage between opposite party no.2 and the applicant, in which her father name is mentioned as Rajesh Chaudhary. On inquiry by RTI, 2005 regarding the said marriage certificate, the applicant received information dated 08.01.2025 that no such documents exist in government record, which is annexed as annexure no.5 to the writ petition. Thereafter, opposite party no.2 lodged FIR on 09.07.2024, in pursuance of which proceedings in Criminal Case No.37 of 2024, under sections 498-A, 504 IPC and section 3/4, Dowry Prohibition Act commenced at Sessions Court, Meerut. Against which the applicant earlier preferred application u/s 528 BNSS No.8437 of 2025 and this court referred the matter to the mediation centre of this Court, mediation was successful and parties arrived to an agreement dated 22.05.2025 (Annexure no.7). Thereafter, applicant filed an application on 04.12.2024 in Case No.3149 of 2024, u/s 7/12 of Hindu Marriage Act, 1955, before the Family Court, Meerut, to declare the alleged marriage between opposite party no.2 and the applicant null and void, which is still pending. 4. Learned counsel for the applicant further submits that the opposite party no.2 played the same trick to extract money from her ex-husband and lodged false case against him and his family members bearing Case Crime No.62 of 2021 (State Vs. Saurabh and Others), under sections 498-A, 323, IPC and section ¾ of Dowry Prohibition Act, District Meerut, in which parties entered into settlement on 13.03.2023 wherein opposite party no.2 received Rs.4,50,000/- and got mutual divorce in Case No.2414 of 2023 (Anchal Vs. Saurabh), under section 13-B of Hindu Marriage Act, from Family Court Meerut. Therefore, he submits that looking at the aforesaid act of opposite party no.2, the impugned interim order dated 08.07.2025, is liable to be quashed. NA528 No. 46248 of 2025 2 5. Learned counsel for opposite party no.2 as well as learned AGA for the State have opposed the aforesaid arguments of learned counsel for the applicant and submitted that learned trial court has rightly allowed the application under section 125 Cr.P.C. moved by the opposite party no.2/wife against the applicant/husband and there is no illegality or abuse of process of law in the impugned order dated 08.07.2025 passed by learned trial court. 6. Heard Ms. Shubhangini Dwivedi, learned counsel for the applicant, Sri Hemant Kumar, learned counsel for opposite party no.2, learned AGA for the State and perused the record. 7. In the aforesaid circumstances and perusal of record, this Court is of the view that the applicant has failed to show any instance whereby it can be averred that the learned trial court has committed any error or abuse of the process of the law, while allowing the application under section 125 Cr.P.C. and granting interim maintenance to the opposite party no.2/wife. 8. The applicant/husband has an alternative remedy to file the criminal revision before this Court and the applicant has to rebut the arguments made before the revisional Court. The applicant, may if so desires, may file a criminal revision before this Court and due to existence of the said alternative remedy under the law, the present application is liable to be dismissed. 9. Accordingly, the present application u/s 528 of BNSS is hereby dismissed. April 24, 2026 VKG NA528 No. 46248 of 2025 3 (Achal Sachdev,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad