Neutral Citation No. - 2025:AHC:50438 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11222 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section - 528 BNSS has been preferred against ex-parte judgment dated 03.07.2024, passed by learned Principal Judge, Family Court, Shahjahanpur, in Criminal Misc. Case No. 11 of 2021 (Smt. Savita Vs. Rahul), under Section - 125 Cr.P.C., Police Station - Katra, District - Shahjahanpur and the consequential recovery proceedings. 3. Regarding maintainability of this application under Section - 528 B.N.S.S., learned counsel for the applicant submitted that this application under Section 528 B.N.S.S. against impugned order dated 03.07.2024 is maintainable and in this connection, learned counsel has placed reliance upon case of Vishesh Vs. State of U.P. and 2 Others 2022:AHC:224768. 4. It is apparent from record that by impugned ex-parte judgment dated 03.07.2024, maintenance has been granted by the Family Court concerned under Section - 125 Cr.P.C. in favour of opposite party no.2. In view of the provisions of Section 19 of Family Court Act, 1984 and the law laid down in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, Ashu Jain Vs. State of U.P. and 3 Others 2023:AHC:165660 and Manish Aggarwal Vs. Seema Aggarwal and Others 2012 SCC OnLine Del 4816, it is clear that an order of maintenance or interim maintenance passed by Family court is not an interlocutory order and that against such orders, aggrieved person has remedy of revision. It was held that against such order, application under Section - 482 Cr.P.C. is not maintainable. Similar law has been laid down by the Division Bench of this Court in case of Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497. The provisions of Section 482 Cr.P.C. 1973 have been reincarnated in Section - 528 of BNSS and thus similar analogy would be applicable to the application under Section 528 BNSS. 5. In view of aforesaid position of law, particularly the law laid by the Division Bench of this Court in case of Liaqat Hussain (supra), the aforesaid case of Vishesh Vs. State of U.P. and 2 Others, relied by learned counsel, would have no applicability in the present matter. Thus, it is apparent that this application under Section - 528 BNSS against impugned order dated 03.07.2024 is not maintainable. Hence, the instant application under Section - 528 BNSS against order dated 03.07.2024 is dismissed as not maintainable. The applicant would be at liberty to file revision or resort to appropriate remedy against that order, in accordance with law . 6. So far the prayer for quashing of recovery proceedings is concerned, no material illegality or perversity could be shown. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice. Thus, no case for quashing of recovery proceedings is made out. 7. Accordingly, this application under Section - 528 BNSS is dismissed in above terms. Order Date :- 8.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad