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Allahabad High Court

RISHAL KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The criminal revision is disposed of, directing the trial court to order salary deduction and the parties to cooperate for speedy resolution.

Summary

The revisionist Rishal Kumar filed a criminal revision seeking to set aside an order dated 20.01.2026 passed by the Principal Judge of the Family Court, Bareilly, in a maintenance case. The revisionist indicated that the matter could be resolved within three months and did not wish to press the revision on merits. The High Court noted the revisionist's salary exceeds Rs.40,000 and directed the trial court to order a deduction of the maintenance amount from his salary, with the revisionist to comply within three months. The court also instructed the opposite party's counsel to cooperate for speedy resolution. Consequently, the criminal revision was disposed of with these procedural directions.

Issues considered

  • Whether the impugned maintenance order dated 20.01.2026 can be set aside by a criminal revision

Subjects

  • criminal revision
  • maintenance order
  • family court
  • salary deduction
  • procedural direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   CRIMINAL REVISION No. - 2234 of 2026

Rishal Kumar
                                                                  .....Revisionist(s)
                                         Versus

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

Counsel for Revisionist(s)                  :     Seema Srivastava
Counsel for Opposite Party(s)               :     Amit Kumar Tripathi, G.A.

Court No. - 86
                 HON'BLE PRAVEEN KUMAR GIRI, J.

1. Heard Seema Srivastava, learned counsel for the revisionist, Sri Amit
Kumar Tripathi, learned counsel for opposite party no.2 and learned
A.G.A. for the State.

2. Learned counsel for the revisionist submits that the present criminal
revision has been filed seeking relief as mentioned in the prayer clause.
The prayer clause is delineated below:-

     "It is most respectfully prayed that this Hon ble Court may kindly be
     pleased to set aside impugned order dated 20.01.2026 passed by learned
     Principal Judge of the Family Court Bareilly in Case No. 1285 (Priyanka
     Mishra Vs. Rishal Kumar) Family Court Bareilly, District Bareilly in
     maintenance Case No. 1285 of 2022 (Smt. Priyanka Vs. Rishal Kumar)
     District Bareilly, during the pendency of present revision before this
     Hon'ble Court and/or to pass any other appropriate order or direction
     which this Hon'ble Court may deem fit and proper in the facts and
     circumstances of the case, otherwise the applicant/revisionist shall suffer
     irreparable loss and and injury."

3. Learned counsel for the revisionist submits that the revisionist does not
want to press this revision on merit and the case may be decided before
the trial court within a period of three months.

4. This Court finds that the revisionist get salary more than Rs.40,000/-,
therefore, the Trial Court is directed to pass an order directing the
                                                                                         CRLR No. 2234 of 2026
                                                                  2


                                    authority concerned to deduct the amount from the salary of the
                                    revisionist and the petitioner shall make all endeavor within a period of
                                    three months.

                                    5. Sri Amit Kumar Tripathi, learned counsel for opposite party No.2 shall
                                    co-operate in the proceedings to decide the case as earlier as possible.

                                    6. With the aforesaid observations and directions, the criminal revision
                                    stands disposed of.



                                                                                   (Praveen Kumar Giri,J.)
                                    September 8, 2026
                                    SFH




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad


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