Allahabad High Court

SATENDRA SINGHversusSTATE OF U.P. AND 2 OTHERS

Decided: 6 May 2026
Bench: GAUTAM CHOWDHARY

Holding

The Court set aside the ex parte judgment and the Section 147 BNSS proceeding, subject to the applicant depositing arrears in installments and complying with the monthly maintenance, and remanded the matter to the Family Court for fresh consideration.

Summary

Satendra Singh, the husband, filed an application under Section 528 of the BNSS seeking to quash an ex parte maintenance order and a recovery suit under Section 147 BNSS that had been passed in his absence. He contended that the order was issued without notice, that his wife had deserted him, and that the maintenance amount of Rs.5,000 per month was excessive given his income. The State argued that the Family Court had issued notice, the applicant failed to appear, and the recovery proceeding was proper. The High Court, noting the lack of participation by the applicant in the Section 125 CrPC proceedings, granted him a last opportunity to comply by depositing arrears in four installments and continuing monthly maintenance, and set aside the ex parte judgment and the Section 147 proceeding, remanding the matter to the Family Court for fresh consideration. The order also linked compliance to the Supreme Court precedent in Rajnesh v. Neha (2021) 2 SCC 324.

Issues considered

Whether the ex parte maintenance order passed under Section 125 CrPC and the subsequent recovery proceeding under Section 147 BNSS should be set aside for lack of notice to the applicant.
Whether the applicant is entitled to relief under Section 528 BNSS despite the existence of a pending recovery suit.

Legislation cited

Bihar Maintenance and Niyam (BNSS) Act — s. 147, 528
Code of Criminal Procedure, 1973 — s. 125

Subjects

maintenance
Section 125 CrPC
ex parte order
Section 528 BNSS
Section 147 BNSS
family law
arrears
quash

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18891 of 2026

Satendra Singh
.....Applicant(s)
Versus

State Of U.P. And 2 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Jitendra Kumar Kushwaha, Niwas
Kumar Gupta, Sanjai Singh Yadav
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 for quashing of entire proceeding of recovery
suit being Case No. 98 of 2025 (Smt. Madhu Vs. Satendra Singh), under
Section 147 BNSS, Police Station Nidhauli Kalan, District Etah.

3. Learned counsel for the applicant submits that monthly maintenance of
Rs. 5,000/- per month has been awarded exparte from the date of
application in favour of the opposite party No. 2 (wife), and her minor
child, 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. which has been allowed by the learned Family Court vide exparte
vide judgment and order dated 16.01.2025, by which the applicant was
directed to pay exorbitant amount of maintenance to the private opposite
parties without considering the income of the applicant. He further
submits that since the proceedings were initiated exparte against the
applicant, thus the applicant was not aware of the same, therefore, the
proceedings under Section 147 BNSS initiated against the applicant is
liable to be quashed.

4. Learned A.G.A. for the State has opposed the prayer and has argued
that the learned Family Court had issued notice to the applicant, inspite of
the same, he did not appear due to which, the Family Court was left with
no option but to proceed exparte against the applicant. With the passage
of time when the applicant has not maid any monthly maintenance
amount to the opposite party No. 2, she has initiated the present
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2

proceeding under Section 147 BNSS for recovery of due arrears of
amount, which proceeding needs no interference by this Court.

5. Learned counsel for the applicant further submits that the applicant is
ready to pay two lakh rupees out 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, 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. afresh. 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 as well as the fact that the impugned order has been passed
without participation of the applicant in the proceedings of Section 125
Cr.P.C. and the recovery proceeding has also been initiated against him,
this Court is of the view, that in interest of justice, one last opportunity
may be granted to applicant to participate in the proceedings.
Accordingly, present application under Section 528 BNSS is disposed of
in the following terms.

(A) Subject to applicant depositing entire due amount towards the arrears
of maintenance as on date in four equal installments, of which the first
installment shall be paid on or before 07.06.2026, the second installment
shall be paid on or before 07.07.2026, the third installment shall be paid
on or before 07.08.2026 and the last installment shall be paid on or before
07.09.2026, respectively, and continuing to pay monthly maintenance as
awarded by the Court below by 15th day of each calendar month starting
from May, 2026, the impugned exparte judgement and order dated
02.06.2023 as well as subsequent proceedings under Section 147 BNSS
shall stand set aside.

(B) After deposit of the first installment, the concerned Family Court shall
proceed to consider and decide the matter afresh in accordance with law
as expeditiously as possible preferably within a period of three months, if
possible, on day today basis, 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
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3

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 will be at liberty to proceed against him in accordance with
law.

7. The Registrar (Compliance) is directed to communicate the order
passed by this Court to the concerned Family Court.

(Dr. Gautam Chowdhary,J.)
May 7, 2026
Mustaqeem.

Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad

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