Neutral Citation No. - 2025:AHC:87388 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18369 of 2025 Applicant :- Nishta Gupta And Another Opposite Party :- Ankit Kumar Gupta And Another Counsel for Applicant :- Hriday Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to direct Principal Judge Family Court, Amroha, to proceed with all the pending applications of the applicants moved under section 125(3) Cr.P.C. for the recovery of the arrears of each years' maintenance granted @ Rs. 15000/- per month to the applicant no.1 and @ Rs. 4000/- per month to the applicant no.2, vide judgment and order dated 16.02.2019, passed in a proceeding u/s 125 Cr.P.C., by the Principal Judge Family Court Amroha and confirmed by this Hon'ble High Court of Judicature at Allahabad vide its' interim order dated 21.05.2019, passed in Criminal Revision No. 2017 of 2019, Ankit Kumar Gupta Versus State of U.P. and 2 others, since the opposite party no.1 is neither complying the aforesaid orders dated 16.02.2019 and 21.05.2019 by which he has been directed to pay the amount of maintenance to the applicants nor he is complying the order dated 26.02.2024 passed by this Hon'ble High Court in A-482 No. 13401 of 2018, Nishta Gupta and others versus State and another, by which opposite party no.1 was bound to deposit the amount of Rupees 13,00,000/- lakhs (Rupees thirteen lakhs) towards one time settlement of dispute with applicant no.1 (wife) and towards her maintenance, and to deposit the amount of maintenance of girl child (daughter) @ Rs. 5000/- per month from 1st January 2024, with 10% escalation every two years, and even after passing of more than one year, neither opposite party no.1 has turned up to file joint compromise proceedings as has been observed in the order dated 26.02.2024, passed by this Hon'ble High Court of Judicature at Allahabad, nor any suit for divorce with mutual consent has yet been filed, and the applicants who are wife and minor daughter of the opposite party no.1 are facing great hardship, due to the non-compliance of all the aforesaid orders by opposite party no.1" 3. It is submitted by learned counsel for applicants that applicants were awarded maintenance under Section - 125 Cr.P.C. vide judgment and order dated 16.02.2019. The opposite party no.2 has filed a criminal revision against that judgment, wherein by order dated 21.05.2019 passed in Criminal Revision No. 2017 of 2019, the 50% amount of arrears was stayed till next date subject to condition that revisionist continues to pay the amount of maintenance per month as ordered by the Family court but the said order has also not been complied with by the opposite party no.2. It was submitted that applicants are facing financial hardship and thus, a direction made to the Family court to recover the arrears of maintenance from opposite party no.2 and decide the aforesaid case under Section - 125 (3) Cr.P.C. within specific time frame. 4. In view of aforesaid, the Family Court concerned is directed that in case an application under Section - 125 (3) Cr.P.C. or 128 Cr.P.C. filed by the applicants is pending, the same shall be considered and decided by the court concerned expeditiously in accordance with law. 5. The application under Section 528 B.N.S.S. is disposed of accordingly. Order Date :- 22.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad