AARADHNA ALIAS AARADHNA TIWARI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 38960 of 2025

Aaradhna Alias Aaradhna Tiwari And 2 Others
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Vijay Kumar Pandey
Counsel for Opposite Party(s) : G.A., Pankaj Kumar Shukla, Prabha
                                Shanker Pandey, Satish Kumar

Court No. - 80
                    HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Vijay Kumar Pandey, learned counsel for the applicants, Sri
Satish Kumar, learned counsel for opposite party No.2, learned A.G.A.
for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed to
modify order dated 12.8.2025 passed by learned Additional Principal
Judge, Family Court Third, Jaunpur in Execution Case No.361 of 2022
(Aaradhna Vs. Vijay) under Section 128 Cr.P.C., P.S. Sujanganj, District
Jaunpur.

3. Learned counsel for the applicants submits that the marriage of
applicant No.1 (wife) was solemnized with opposite party No.2 (husband)
on 18.06.1999 in accordance with Hindu rites and rituals. Out of the said
wedlock, two daughters (applicant Nos.2 and 3) were born. It is further
submitted that applicant No.1 filed an application under Section 125
Cr.P.C. on 17.02.2016 seeking maintenance for herself and her two
daughters. The said application was allowed by the learned Family Court
vide order dated 17.01.2022, whereby opposite party No.2 was directed to
pay Rs.6,000/- per month to applicant No.1 and Rs.2,000/- per month
each to applicant Nos.2 and 3 until they attained majority from the date of
filing of the application and also directed to opposite party No.2 to pay
the entire arrears amount from the date of filing of application to date of
order in four installment.
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4. It is next submitted that the said order dated 17.01.2022 was not
challenged by opposite party No.2 and has attained finality. The opposite
party No.2 started paying Rs.10,000/- per month to the applicants but he
did not pay arrears amounting to Rs.7,20,000/-. Consequently, the
applicants filed an application under Section 128 Cr.P.C. on 22.02.2022
for recovery of arrears, which was registered as Execution Case No. 361
of 2022. Thereafter, the applicants filed application 9-Kha dated
22.11.2023 seeking recovery of the outstanding arrears and opposite party
No.2 filed his objection 10Kha. The learned Family Court, vide order
dated 22.11.2023, directed that an additional sum of Rs.5,000/- towards
arrears be included along with the monthly maintenance of Rs.10,000/-,
thereby directing opposite party No.2 to pay a total of Rs.15,000/- per
month. Subsequently, the applicants filed Application under Section 482
Cr.P.C. No.8327 of 2024 before this Court seeking expeditious disposal
of the execution proceedings. Vide order dated 23.05.2024, a Coordinate
Bench of this Court directed the court below to decide the execution case
expeditiously, preferably within three months. In compliance thereof, the
learned Family Court passed order dated 06.08.2024 directing opposite
party No.2 to pay the entire arrears without delay.

5. It is further submitted that against the order dated 06.08.2024, opposite
party No.2 preferred Application under Section 482 Cr.P.C. No.28968 of
2024 before this Court seeking permission to pay the arrears in reasonable
installments. Vide order dated 11.04.2025, a Coordinate Bench of this
Court directed opposite party No.2 to file an application before the Family
Court concerned within two weeks to pay the arrears in installments.
Pursuant thereto, opposite party No.2 filed an application before the
Family Court on 23.04.2025, to which applicant No.1 filed objections
dated 13.05.2025. It is contended that the learned Family Court, vide
impugned order dated 12.8.2025, has miscalculated the arrears of
maintenance as Rs.1,56,500/-, whereas according to the applicants, the
remaining arrears amount to Rs.4,30,502/-. It is thus submitted that the
calculation of arrears is erroneous and the impugned order is liable to be
modified accordingly.

6. Per contra, learned counsel for opposite party No.2 as well as learned
A.G.A. opposed the prayer and submitted that vide order dated
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117.1.2022 passed by the Family Court, the opposite party No.2 was
directed to pay Rs.10,000/- per month towards maintenance from the date
of filing of application and also to pay the arrears amount in four
installments. It is further submitted that vide order dated 06.08.2024, the
Family Court directed opposite party No.2 to pay the arrears without
delay and also directed applicant No.1 to disclose the amount already
received by her and the amount still outstanding. It is next submitted that
the opposite party No.2 filed an Application U/S 482 Cr.P.C. No.28968 of
2024. The coordinate Bench of this Court vide order dated 11.4.2025
directed the opposite party No.2 to file an application before the Family
Court concerned within a period of two weeks to pay the arrears of
maintenance in installments. The learned Family Court vide order dated
12.8.2025 calculated amount of arrears of maintenance. It is further
submitted that as per the payment slips the opposite party No.2 has paid
Rs.3,48,998/- till date and only Rs.3,71,000/- remaining as arrears of
amount. It is further submitted that the matter is still pending before the
Family Court, and it is open to the applicants to move an appropriate
application for recalculation, if so advised. Hence, the present application
is liable to be dismissed.

7. Having considered the submissions advanced by learned counsel for
the parties, it transpires that the learned Family Court, vide impugned
order dated 12.08.2025, calculated the arrears of maintenance at
Rs.1,56,500/- and directed opposite party No.2 to pay the said amount in
three installments of Rs.52,166.66/- each. The impugned order reflects
that the Family Court undertook a detailed calculation of the arrears
amount.

8. The primary contention of learned counsel for the applicants is that the
actual arrears payable amount to Rs.4,30,502/-, whereas learned counsel
for opposite party No.2 contends that after payment of Rs.3,48,998/-, only
Rs.3,71,000/- remains outstanding.

9. In view of the aforesaid facts and circumstances, it is directed that in
case the applicants move an application before the learned Family Court
seeking recalculation of the arrears of maintenance, the same shall be
considered and decided within a period three weeks from the date of
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                                    production of certified copy of this order, expeditiously, in accordance
                                    with law.

                                    10. With the aforesaid observations, the instant application is disposed of.



                                                                                         (Chawan Prakash,J.)
                                    February 24, 2026
                                    Md Faisal




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