HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13502 of 2026 Court No. - 82 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section 528 BNSS has been filed by the applicant (husband) against the order dated 04.04.2025 passed by learned Principal Judge, Family Court, Meerut, in Case No. 107 of 2023 (Smt. Priyanka Sharma Vs. Shri Anuj Sharma), under Section 125 Cr.P.C., Police Station Brahmpuri, District Meerut, whereby the learned Judge by the impugned order directed the applicant to pay Rs. 5,000/- per month to the opposite party No. 2 (wife) as interim maintenance from the date of application. 3. Learned counsel for the applicant submits that monthly interim maintenance of Rs. 5,000/- per month has been awarded from the date of application in favour of the opposite party No. 2 (wife), without considering the income of the applicant. Learned counsel for the applicant further submits that the opposite party no.2 has deserted the applicant and that the applicant tried his level best to bring her back but all in vain. He further submits that the opposite party No. 2 instead of living with the applicant, had filed an application under Section 125 Cr.P.C. wherein interim maintenance allowance of Rs. 5,000/- has been directed to pay to the opposite party. 4. Learned A.G.A. for the State has opposed the prayer and has argued that the impugned order is perfectly legal, just and proper and calls for no interference by this Court. 5. Learned counsel for the applicant further submits that the applicant is ready to pay half of the due amount towards arrears of maintenance as has been awarded by the learned Family Court and he also agrees to pay monthly maintenance amount to opposite party No. 2 as awarded, Versus Counsel for Applicant(s) : Ravi Prakash Tripathi, Santosh Kumar Upadhyay, Vinay Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Shri Anuj Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) provided some indulgence may be granted and the matter may be remitted to the concerned Family Court to consider and decide the application under Section 125 Cr.P.C. He further submits that the applicant undertakes that he will appear on and each and every date before the court concerned and shall cooperate in the conclusion of the proceedings. 6. Considering the submissions advanced by learned counsel for the parties, this Court is of the view, that in interest of justice, one last opportunity may be granted to applicant. Accordingly, present application under Section 528 BNSS is finally disposed of in the following terms. (A) Subject to applicant depositing half of the due amount towards the arrears of maintenance within one month, on or before 20.05.2026, and continuing to pay monthly maintenance as awarded by the Court below by 10th day of each calendar month starting from May, 2026. (B) After deposit of the half of the due amount towards the arrears of maintenance within one month the concerned Family Court shall proceed to consider and decide the matter in accordance with law as expeditiously as possible, preferably within a period of six months, if possible, in view of the settled law as laid down by Hon'ble Apex Court in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324. (C) The amount so deposited by the applicant shall be paid over to the opposite party no.2 after due verification by the concerned Court. (D) In case, the applicant deposits the aforesaid amount within the aforesaid period, no coercive action shall be taken against him. (E) It goes without saying that in case the applicant fails to deposit the aforesaid amount within the time specified as above or fails to comply with any part of this order or fails to appear before the court concerned on the date fixed, except with prior permission of the Court, the protection granted by this Court shall automatically stand vacated and the court concerned shall will be at liberty to proceed against him in accordance with law. (F). The amount so deposited/ paid by the applicant shall be adjusted in the final outcome of the application under Section 125 Cr.P.C. (G) The Registrar (Compliance) is directed to communicate the order passed by this Court to the concerned Family Court. April 20, 2026 Mustaqeem. NA528 No. 13502 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad