AJAY KUMAR @ PINTUversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL REVISION No. - 1766 of 2017

Ajay Kumar @ Pintu
                                                            .....Revisionist(s)
                                   Versus
State Of U.P. And 2 Others
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Revisionist(s)    : Rajesh Dutta Pandey
Counsel for Opposite Party(s) : G.A., Jagdish Singh, Sanjeev Kumar
                                Shukla, Yashwant Singh

Court No. - 85
                 HON'BLE JAI KRISHNA UPADHYAY, J.

1. This criminal revision has been filed by the revisionist - Ajay Kumar @
Pintu with a prayer to set aside the order dated 22.3.2017 passed by the
Principal Judge, Family Court, Deoria in Maintenance Case No. 445 of
2014, under Section 125 Cr.P.C., whereby the trial court while allowing the
application filed by the opposite party no. 2, has directed the revisionist to
pay Rs. 1,000/- per month to opposite party no.2 (wife) and Rs. 1,000/- per
month to the opposite party no.3 (minor son) towards maintenance
allowance from the date of filing of the application. The revisionist was also
directed to pay arrears of Rs. 1,64,000/-.

2. Heard Shri Shubham Mishra, the learned counsel for the revisionist,
Sanjiv Kumar Shukla, learned counsel for opposite party nos.2 and 3 as well
as the learned A.G.A. for the State and perused the record.

3. The sole and solitary contention of the learned counsel for the revisionist
is that he does not propose to challenge the impugned judgement and order
on its merits and only confines his argument that the amount of arrears of
maintenance allowance has become very high which the revisionist cannot
pay in one stroke, hence he requests the court to order the amount of arrears
of maintenance allowance to be deposited in installments. Learned counsel
for the opposite party nos. 2 and 3 as well as the learned AGA have no
objection to the aforesaid submission.

4. Since the learned counsel for the revisionist has not pressed the revision
on merits and confined his argument only to the request for installments to
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                                    pay the arrears amount, this Court does not propose to evaluate or adjudicate
                                    the case on its substantive merits.

                                    5. Considering the request of the learned counsel for the revisionist being
                                    bona-fide, this Court provides that the revisionist shall pay the total amount
                                    of arrears of monthly maintenance allowance in three equal installments.
                                    The first installment shall be paid on 10.12.2026, the second on 10.2.2027
                                    and the third and last installment shall be paid on 10.4.2027. However, he
                                    will continously pay the maintenance amount to the opposite party no.2-wife
                                    and opposite party no.3-son, as directed by the trial court vide impugned
                                    judgment and order. In case of default, the trial court shall proceed against
                                    him in accordance with law.


                                    6. With the aforesaid observations, the criminal revision is partly allowed.

                                    October 1, 2026
                                    safi
                                                                                     (Jai Krishna Upadhyay,J.)




Digitally signed by :-
MAHBOOB SAFI
High Court of Judicature at Allahabad