Allahabad High Court
VIRENDRA PATELversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANOJ BAJAJ
Holding
The revision petition is disposed of, but the petitioner may seek time for instalment payment of arrears before the executing court.
Summary
Virendra Patel filed a revision petition challenging a Family Court order that awarded his wife maintenance of Rs 5,000 per month under Section 125 of the Criminal Procedure Code. He does not dispute the amount but seeks the court’s permission to pay the arrears of approximately Rs 2,40,000 in instalments. The High Court noted that an execution petition has already been filed by the wife and no request for instalment payment was made before the executing court. Consequently, the revision petition was disposed of, but the petitioner was given liberty to approach the executing court for time to clear the arrears in instalments, with the court’s consideration of his financial situation. The order effectively dismisses the revision while allowing a fresh prayer before the execution court.
Issues considered
- Whether a revision petition is maintainable when the petitioner does not contest the quantum of maintenance but seeks instalment payment of arrears.
- Whether the High Court can direct the executing court to consider the petitioner’s financial status for granting instalment payment of maintenance arrears.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- Maintenance
- Section 125 CrPC
- Revision Petition
- Family Court
- Arrears
- Instalment Payment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 1646 of 2026
Virendra Patel
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Gulafsha, Omar Zamin
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner-Husband has filed this revision petition to challenge the
impugned order dated 10.12.2025 passed by Principal Judge, Family
Court, Chandauli in Maintenance Case No. 152 of 2020, titled Parwati
Vs. Virendra Patel, whereby in an application filed under Section 125
Cr.P.C. by wife-opposite party no.2 maintenance of Rs.5,000/- per month
from the date of application has been awarded to him.
Learned counsel for the petitioner fairly states that he does not challenge
the quantum of Rs.5,000/- per month maintenance awarded in favour of
wife-opposite party no.2, but craves the limited indulgence of this Court
only to the extent of clearing the arrears of maintenance in installments,
which is approximately 2,40,000/-.
Concededly, the execution petition stands filed by the wife and no such
prayer has been made before the executing court, therefore, considering
the stand of the petitioner giving up challenge to the impugned order
dated 10.12.2025 on merits, the revision petition is disposed of with
liberty to make a prayer for providing time to the petitioner to clear the
arrears in installments before the executing court. If, any such prayer is
made, the executing court may consider the same keeping in view the
financial status of the petitioner.
(Manoj Bajaj,J.)
April 30, 2026
P.S.Parihar
Digitally signed by :-
POORAN SINGH PARIHAR
High Court of Judicature at Allahabad
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