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Allahabad High Court

LAL CHANDRAversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court did not set aside the family court’s order but directed the Family Court to decide the pending Section 125 application within six months and to continue the maintenance payment.

Summary

Lal Chandra filed a criminal revision challenging the order dated 06.03.2026 of the Additional Principal Judge, Family Court, Kanpur, which directed maintenance under Section 125 of the Criminal Procedure Code in the case Shweta Sen vs Lal Chandra. The revisionist sought to set aside that order and to have the pending application under Section 125 decided after a hearing. The High Court declined to set aside the family court’s order, but directed the Family Court to decide the pending application within six months, to provide a hearing to both parties, and to avoid unnecessary adjournments. It also ordered that the husband continue to pay Rs 10,000 per month to the wife until the final adjudication of the pending application. With these directions, the revision was disposed of.

Issues considered

  • Whether the order of the Additional Principal Judge, Family Court dated 06.03.2026 can be set aside by a criminal revision.
  • Whether the pending application under Section 125 Cr.P.C. must be decided promptly with a hearing to the parties.

Legislation cited

Subjects

  • Maintenance
  • Section 125 CrPC
  • Family Court
  • Criminal Revision
  • High Court
  • Hearing
  • Adjournment

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   CRIMINAL REVISION No. - 2376 of 2026

Lal Chandra
                                                              .....Revisionist(s)
                                     Versus

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

Counsel for Revisionist(s)               :    Babu Lal Ram, Shiv Nath
Counsel for Opposite Party(s)            :    G.A.

Court No. - 87
                 HON'BLE PRAVEEN KUMAR GIRI, J.

1. Shri Babu Lal Ram, learned counsel for the revisionist submits that he
has preferred the instant criminal revision with the relief which has been
mentioned in the prayer clause of the revision.

2. The relief which has been mentioned in the revision is delineated
below:-

     "It is, therefore, Most Respectfully prayed that this Hon'ble court may
     graciously be pleased to allow this Criminal Revision and set aside the
     judgment and order dated 06.03.2026 passed by Learned Additional
     Principal Judge Family Court, Court No.3, Kanpur Nagar in Case No.
     2462 of 2023 (Shweta Sen Vs. Lal Chandra) under Section 125 Cr.P.C.,
     Police Station Narwal, District Kanpur Nagar, and/or to pass such other
     further orders which this Hon'ble Court may deem fit and proper under
     the facts and circumstances otherwise the revisionist shall suffer an
     irreparable loss and injury."

3. Learned counsel for the revisionist submits that the revisionist shall
comply with the order dated 06.03.2026 passed by the Additional
Principal Judge, Family Court No.3, Kanpur Nagar till the final
adjudication of the pending application filed under Section 125 Cr.P.C.
He further submits that the Additional Principal Judge, Family Court may
be directed to decide the pending application after providing opportunity
of hearing to the revisionist and his objection may also be considered
while finally adjudicating the pending application filed under Section 125
                                                                                            CRLR No. 2376 of 2026
                                                                    2


                                    Cr.P.C.

                                    4. This Court, on the above submission made by learned counsel for the
                                    revisionist, directs the Additional Principal Judge, Family Court, Kanpur
                                    Nagar to decide the pending application filed under Section 125 Cr.P.C.
                                    preferably within a period of six months after providing opportunity of
                                    hearing to both the parties and without granting any unnecessary
                                    adjournment.

                                    5. It is further directed that the maintenance amount of Rs. 10,000/- per
                                    month shall be paid by the revisionist-husband to the wife-opposite party
                                    No.2, as directed by the Additional Principal Judge, Family Court No.3,
                                    Kanpur Nagar vide order dated 06.03.2026, till the final adjudication of
                                    the pending application filed under Section 125 Cr.P.C.

                                    6. With the aforesaid directions, the revision is disposed of.




                                                                                      (Praveen Kumar Giri,J.)
                                    May 7, 2026
                                    K.Tiwari




Digitally signed by :-
KRISHNA KANT TIWARI
High Court of Judicature at Allahabad


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