Neutral Citation No. - 2025:AHC:50345 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11243 of 2025 Applicant :- Gaurav Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava 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 record. 2. This application u/s 528 B.N.S.S. has been preferred against order dated 06.12.2024, passed by the learned Principal Judge, Family Court, Muzaffar Nagar in Case No. 1557 of 2022 (Pooja Vs. Gaurav), under Section - 128 Cr.P.C., Police Station - Shahpur, District - Muzaffar Nagar, pending in the court of Additional Principal Judge, Family Court No.2, Muzaffar Nagar. 3. It is submitted by learned counsel for the applicant that the opposite party no.2 and 3 were awarded maintenance by ex-parte judgment and thereafter they have initiated aforesaid recovery proceedings. It was submitted that during recovery proceedings, an amount of Rs. 2,60,000/- has already been paid to the opposite party no.2 and 3 but while passing the impugned order, the learned Family Court has not deducted the said amount while calculating the arrears of maintenance and a recovery warrant was issued for Rs. 5,20,000/-. It was submitted that the observation of Family Court that there were arrears of maintenance in tune of Rs. 5,20,000/- is against facts and record and thus, the impugned order is liable to be set aside. 4. The question that as to how much amount has been paid by the applicant in the said recovery proceedings and how much arrears are due, can well be decided by the Family Court itself, where recovery proceedings are pending. Considering facts of the matter, it is directed that in case applicant moves an application before the Family Court concerned, within a period of two weeks from today, raising his grievance regarding quantum of arrears of maintenance, the same shall be considered and decided by the Family Court concerned expeditiously in accordance with law. 5. The application under Section - 528 B.N.S.S. is disposed of accordingly. Order Date :- 8.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad