Neutral Citation No. - 2025:AHC:89926 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15853 of 2025 Applicant :- Mahesh Kumar Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against order dated 14.02.2025, passed by Principal Judge, Family Court, Kannauj in Case No.978 / 12/ 2023 (Sunita Vs. Mahesh), under Section 125 Cr.P.C., Police Station- Chhibramau, District- Kannauj, whereby the Family Court has directed to the District Magistrate, Bareilly to deduct Rs.10,000/- per month for payment of maintenance and Rs.30,000/- per month for arrears of maintenance, from salary of applicant. 3. It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. The applicant has remarried with another lady and he is having three children and opposite party no.2 is not entitled for maintenance. It was stated that applicant is unable to pay so much amount to the opposite party no.2. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. From perusal of record, it appears that the opposite party no.2 was granted maintenance by the Principal Judge, Family Court, Kannauj vide order dated 19.10.2023. It appears that revision against order dated 19.10.2023 has already been dismissed by this Court. In execution of judgment and order dated 19.10.2023, the Family Court has passed the impugned order. No material illegality or perversity could be pointed out in the impugned order dated 14.02.2025. 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. 7. Accordingly, the application u/s 528 BNSS is dismissed. Order Date :- 27.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad