HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30151 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Amarnath Tripathi, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State are present. 2. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 11.06.2025 passed by Principal Judge Family Court, Varanasi whereby the proceedings of maintenance case has been proceeded as ex-parte against the applicant as well as entire proceedings of Maintenance Case No. 1372 of 2024, arising out of an application under Section 144 of B.N.S.S. (under Section 125 of Cr.P.C.), 3. Learned counsel for the applicant submits that the application under Section 144 of B.N.S.S. has been filed on the basis of false and baseless allegations which has been registered on 21.11.2024 against applicant. The applicant has filed a matrimonial case under Section 9 of Hindu Marriage Act, which is still pending between the parties. The marriage between the parties was solemnized on 07.05.2017. After solemnization of marriage, the opposite party no. 2 resided only three days and voluntarily left her matrimonial house and, thereafter, she frequently visited her parental house. 4. It is further submitted that the opposite party no. 2 is Versus Counsel for Applicant(s) : Amarnath Tripathi Counsel for Opposite Party(s) : G.A. Manish Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) maintaining emotional relationship with other boy, whom she loved prior to the marriage. After referring the grounds of the present application, it has been argued that the opposite party no. 2 left her matrimonial house without any sufficient ground and she refuse to live with the applicant. 5. The sub-Section (4) and (5) of Section 144 of B.N.S.S. provides that : "(4) No wife shall be entitled to receive an allowances for the maintenance or the interim maintenance and expenses of proceeding, from her husband under the Section if she is living in adulatory, or if, without any sufficient reason, she refuses to live with her husband, or if, they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under the section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order." 6. In view of the facts and circumstances of the case, the question is related to fact as well as law. There is no dispute that the matter is pending at the stage of evidence of both sides. There is no other argument has been made by the learned counsel for the applicant except quashing the present application under Section 144 of B.N.S.S on the ground that the opposite party no. 2 left her matrimonial house without any sufficient reason. 7. In view of the above, the present application deserves no merit and the same is dismissed. September 18, 2025 Ishan NA528 No. 30151 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad