Allahabad High Court
SHRI ANUJ SHARMAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The High Court conditionally stayed the interim maintenance order, directing the applicant to deposit half of the arrears and continue monthly payments, and remitted the case to the Family Court for final determination.
Summary
The applicant, Anuj Sharma, filed an application under Section 528 of the BNSS seeking relief from an interim maintenance order of Rs.5,000 per month imposed by the Meerut Family Court under Section 125 of the Criminal Procedure Code. He contended that the order was passed without considering his income and that his wife had deserted him. The State opposed the application, arguing the order was lawful. The High Court, after hearing both sides, granted a conditional stay, directing the applicant to deposit half of the arrears within a month and continue paying the monthly maintenance, with the matter to be remitted to the Family Court for final determination. The Court linked its direction to the Supreme Court precedent in Rajnesh v. Neha (2021) SCC 324 and warned of vacating protection if conditions are not met.
Issues considered
- Whether the interim maintenance order under Section 125 Cr.P.C. should be stayed pending further proceedings
- Whether the applicant should be required to deposit a portion of arrears as a condition for relief
- Whether the High Court can remit the matter back to the Family Court for final adjudication
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 528
Subjects
- maintenance
- Section 125 CrPC
- interim order
- Family Court
- Section 528 BNSS
- arrears
- conditional stay
- Rajnesh v. Neha
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13502 of 2026
Shri Anuj Sharma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravi Prakash Tripathi, Santosh Kumar
Upadhyay, Vinay Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
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,
NA528 No. 13502 of 2026
2
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.
(Dr. Gautam Chowdhary,J.)
April 20, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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