Neutral Citation No. - 2025:AHC:86964 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17298 of 2025 Applicant :- Istaq Alias Istgar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gauri Shanker 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. This application under Section - 528 BNSS has been preferred against order dated 07.02.2025, passed by the learned Additional Principal Judge, Family Court No.1, Aligarh, in Case No. 1542 of 2019 (Afroj Vs. Istaq @ Istgar), under Section - 125 Cr.P.C., Police Station - Harduaganj, District - Aligarh, whereby recovery warrant has been issued against applicant. 3. Learned counsel for the applicant submitted that by order dated 14.12.2021 the Family Court has granted interim maintenance @ Rs. 4,000/- per month to the opposite party no.2 and it was observed that if the opposite party no.2 is getting any maintenance in some other case, that amount would be adjusted against the maintenance amount of this case. It was submitted that applicant is paying Rs. 2,000/- per month in case under Domestic Violence Act but that amount has not been adjusted and recovery warrant is being issued against applicant. It was also pointed out that the impugned order dated 07.02.2025 is not even being signed by the learned Presiding Officer of the Court. 4. In view of aforesaid, it is directed that in case applicant files his objection within a period of two weeks from today before the Family court concerned, regarding quantum of arrears of maintenance, raising his grievance regarding adjustment of maintenance being paid in case filed under Domestic Violence Act, the same shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today, no coercive process shall be adopted against applicant for recovery of arrears of maintenance. 5. With the aforesaid observations, the application under Section - 528 BNSS is disposed of. Order Date :- 22.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad