Allahabad High Court
Jitendra Kumar vs State Of U.P. And Another on 19 May, 2026
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2026:AHC:115362 HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12435 of 2026 Jitendra Kumar .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) :
Sudhakar Shukla Counsel for Opposite Party(s) :
G.A. Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 528 BNSS has been filed by the applicant to quash the impugned judgment and order dated 16.12.2025 passed by the learned Judicial Magistrate, Court No. 05, Kanpur Nagar in Complaint No. 2188 of 2024 (Renu Devi Vs. Jitendra and others) Under Section 23 of Domestic Violence Act, Police Station Bidhnoo, District Kanpur Nagar whereby the application U/s 23 of D.V. Act of the opposite party no. 2 has been allowed and the applicant has been directed to pay the interim maintenance of Rs. 7,000/- to her each month.
3. It is alleged in the complaint that applicant is husband of opposite party no.2, who is posted as Warder in Jail and applicant's marriage with opposite party no.2 was solemnized in the year 2011, thereafter, opposite party no.2 lived with the applicant, but later, on account of some domestic dispute she left her matrimonial house and went to paternal house and lodged present complaint, after notice applicant appeared in the proceeding and vide order dated 16.12.2025 applicant was directed to pay Rs.7,000/- by the 10th of each month as interim maintenance to opposite party no.2 (wife). He further submits that applicant is earning Rs.34,003/- and applicant is not in a position to pay interim maintenance to opposite party no.2, as such, the order passed by learned Magistrate is without application of judicial mind.
4. Considering the submission raised by applicant's counsel, as per order it is clear that applicant is working as Jail Warder and is getting Rs.34,003/- per month and learned Magistrate after considering the basic salary of the applicant, has directed the applicant to make payment of Rs.7,000/- per month to opposite party no.2 as interim maintenance. Still proceeding is pending before learned Magistrate and present order is interim maintenance in favour of opposite party no.2. The order impugned contains no illegality as such, prayer for quashing the proceeding is hereby quashed. Applicant is directed to make payment as per order passed by learned Magistrate on 16.12.2025. No interference is warranted. Applicant has remedy to challenge the order impugned by way of filing an appeal.
5. With the aforesaid directions, this application under Section 528 BNSS stands disposed of.
(Deepak Verma,J.) May 19, 2026 Nitin Verma