Neutral Citation No. - 2025:AHC:89227 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13380 of 2025 Applicant :- Azad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Chandra Kant Mishra 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. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred against order dated 11.03.2025, passed by learned Principal Judge, Family Court, Jaunpur, in Case No. 51 of 2016 (Mamta Vs. Azad), under Section - 128 Cr.P.C., Police Station - Chandwak, District - Jaunpur, whereby recovery warrants have been issued against applicant. 3. It appears from record that the opposite party no.2 is wife of applicant and opposite party no.3 is their minor child. Opposite party no.2 and 3 were awarded maintenance by the Family Court under Section - 125 Cr.P.C.. In the aforesaid recovery proceedings under Section - 128 Cr.P.C., recovery warrant has been issued against applicant for realization of arrears of maintenance. 4. The only contention raised by learned counsel for the applicant is that during pendency of the case, the opposite party no.2 has re- married with one Prakash and in that connection Village 'Pradhan' has issued a certificate and thus, she is not entitled for maintenance under Section - 125 Cr.P.C.. 5. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 6. I have considered the rival submissions and perused the record. 7. No material illegality or perversity could be pointed out in the impugned order dated 11.03.2025. Whether the opposite party no.2 has re-married or not, that cannot be decided in proceedings under Section - 128 Cr.P.C.. However, the applicant would be at liberty to file an application under Section - 127 Cr.P.C. in accordance with law. So far the impugned order dated 11.03.2025 is concerned, there is nothing to show that there has been any abuse of the process of court or miscarriage of justice, so as to require any interference by this Court by invoking extraordinary powers under Section - 528 BNSS. The application under Section - 528 BNSS lacks merits and thus, liable to be dismissed. 8. With the aforesaid observations, the instant application u/s 528 BNSS is dismissed. Order Date :- 26.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad