Ajay Chahar Vs State of U.P. and 5 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 15919 of 2026

Ajay Chahar

.....Applicant(s)

	Versus
State Of U.P. And 5 Others	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashwani Kumar, Sati Shanker Tripathi : G.A.

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Court No. - 82

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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This application under Section 528 BNSS has been filed by the applicant (husband) for quashing of impugned order 10.11.2025 by which the learned Principal Judge, Family Court, Mathura, issued recovery warrant against the applicant in Case No. 1214/ IX/ 2024 (Maya Vs. Ajay), under Section 144(3) BNSS, Police Station Highway, District Mathura.

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Learned counsel for the applicant submits that monthly maintenance of Rs. 10,000/- per month to the wife including her four minor children has been awarded from the date of order, i.e., 21.02.2022, 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 impugned judgement and order, by which the applicant was directed to pay exorbitant amount of maintenance to the private opposite parties without considering the income of the applicant. With the passage of time, when no amount was paid by the applicant the impugned recovery warrant has also been issued against him, therefore, the impugned order is illegal and is liable to be quashed by this Court.

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Learned A.G.A. for the State has opposed the prayer and the impugned recovery proceeding initiated against the applicant is perfectly legal, just and proper and call for no interference by this Court.

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Learned counsel for the applicant further submits that the applicant is ready to pay entire due amount towards arrears of maintenance as has

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NA528 No. 15919 of 2026

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2

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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.

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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 against and proceeding of recover has also been issued against the applicant, 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.

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(A) Subject to applicant depositing entire due amount towards the arrears of maintenance in eight equal installments, of which the first installment shall be paid on or before 05.06.2026, the second installment shall be paid on or before 05.07.2026 and onwards, 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 recovery proceedings under shall stand set aside.

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(B) The amount so deposited by the applicant shall be paid over to the opposite party no.2 after due verification by the concerned Court.

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(C) In case, the applicant deposits the aforesaid amount within the aforesaid period, no coercive action shall be taken against him.

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(D) It goes without saying that in case the applicant fails to deposit the aforesaid amount the protection granted by this Court shall automatically stand vacated and the court concerned shall be at liberty to proceed against him in accordance with law.

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

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(Dr. Gautam Chowdhary,J.)

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May 5, 2026 Mustaqeem.

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

Ajay Chahar v. State of U.P. and 5 Others

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Ajay Chahar v. State of U.P. and 5 Others

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