Neutral Citation No. - 2025:AHC:124928 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 14850 of 2025 Applicant :- Dr. Kamal Kumar Narsaria Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.,Shweta Srivastava,Sudhir Solanki Hon'ble Sanjay Kumar Pachori,J. Heard Sri Anil Srivastava, Senior Advocate assisted by Sri Narendra Kumar, learned counsel for the applicant, Sudhir Solanki, learned counsel for the private opposite party no.2 and Sri S.P. Maurya, learned Brief Holder for the State. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 24.03.2025 passed by Principal Judge, Family Court, Varanasi in Maintenance Case No.441 of 2022 (Avnija Agarwal @ Narsaria and another), arising out of application under Section 125 Cr.P.C., whereby without deciding the interim maintenance application, interim maintenance has been awarded. Learned Senior Counsel for the applicant submits that this is a case of perfect example of abuse of process of law because the Principal Judge Family Court concerned directed the applicant to pay Rs. 12,000/- per month for opposite party no. 2 and Rs. 6,000/- per month for opposite party no. 3 as interim maintenance from the date of application of interim maintenance. It is quite surprising that at the time of passing of such type of order, the application for interim maintenance is pending for consideration, which has been decided on 03.06.2025. Learned counsel for the opposite party no. 2 fairly admits that the impugned order has been passed without deciding the application for interim maintenance and he does not denied the argument levelled by the Senior Counsel for the applicant and no other matter is left for consideration. In view of above facts and circumstances of the case, the present application under Section 528 BNSS is allowed and the order dated 24.03.2025 is hereby quashed. Order Date :- 28.7.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad