Allahabad High Court
VINOD KUMARversusState of UP AND ANOTHER
- Decided
- Bench
- HARVIR SINGH
Holding
The revision is disposed with a direction that the revisionist shall pay the arrears in monthly installments of Rs. 15,000 and continue regular maintenance of Rs. 10,000.
Summary
The revisionist filed a criminal revision against a Family Court order dated 10‑10‑2023 that enhanced his maintenance liability from Rs. 2,000 to Rs. 10,000 per month under Section 127 of the CrPC, resulting in arrears of about Rs. 21 lakhs. The original maintenance application was filed in 2007, with a final Section 125 order in 2016, and the enhancement order in 2023. The revisionist, a poor person, argued that the arrears were unaffordable and proposed a stepped maintenance schedule: Rs. 2,000 per month for the period 2007‑2016 and Rs. 8,000 per month for 2016‑2023, with the enhanced amount of Rs. 10,000 payable only from the date of the 2023 order. The Court directed that the revisionist must clear the arrears by paying Rs. 15,000 per month in addition to the regular Rs. 10,000 maintenance, and any default would allow the opposite party to approach the Family Court. The revision was disposed without further merits.
Issues considered
- What is the appropriate quantum of maintenance and arrears payable under the enhanced Section 127 order?
- Can the Court modify the enhanced maintenance order on revision to accommodate the revisionist's financial capacity?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 127
Subjects
- maintenance
- Section 125 CrPC
- Section 127 CrPC
- family court
- revision
- arrears
- payment installment
- poor litigant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 283 of 2024
Vinod Kumar
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Sanjai Kumar Singh
Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Mishra
Court No. - 86
HON'BLE HARVIR SINGH, J.
1. Heard Sri Sanjai Kumar Singh, learned counsel for the revisionist, Sri
Kamlesh Kumar Mishra, learned counsel for the opposite party no. 2 and
learned A.G.A. for the State.
2. The instant revision has been filed against order dated 10.10.2023
passed by Additional Principal Judge, Family Court in Misc. Application
No. 47 of 2019 under Section 127 Cr.P.C., by which the amount of
maintenance being awarded to opposite party no. 2 has been enchanced
from Rs. 2,000/- to Rs. 10,000/- per month and the said amount of Rs.
10,000/- has been made liable to be paid from the date of filing of the
application under Section 127 Cr.P.C.
3. As per the record, the said application was filed on 18.07.2007 and the
final order in Application under Section 125 Cr.P.C. was passed on
29.01.2016. Thereafter, the order under Section 127 Cr.P.C. enhancing
the amount of maintenance was passed on 10.10.2023. Learned counsel
for the revisionist has submitted that revisionist is a poor person and the
amount of arrears liable to be paid by the revisionist has gone very high
aggregating to Rs. 21 lakhs and submits that the revisionist is not able to
pay the said amount of arrears as on date. However, he fairly submitted
that if the interim amount of maintenance to be paid to opposite party no.
2 is made as Rs. 2,000/- from 18.07.2007 to 29.01.2016 and the interim
amount of maintenance is made Rs. 8,000/- from 29.01.2016 to
10.10.2023, the revisionist shall be liable to pay the said amount and shall
CRLR No. 283 of 2024
2
clear the arrears within a reasonable period. Learned counsel has further
and fairly submitted that the said amount of Rs. 10,000/- which has been
awarded by the learned Family Court, be made payable from the date of
passing of the order i.e. 10.10.2023 and the revisionist shall continue to
pay the amount of Rs. 10,000/- on regular basis, besides the amount of
arrears to be paid accordingly.
4. Accordingly, it is directed that the revisionist shall clear the amount of
arrears in addition to the regular amount of maintenance to the tune of Rs.
10,000/- by paying monthly installment of Rs. 15,000/- on regular basis
till the entire arrears are cleared. In the event of any default, the opposite
party no. 2 shall be at liberty to proceed in accordance with law before the
concerned family court.
5. Without going to other merits of the case, the revision stands disposed
of.
(Harvir Singh,J.)
March 19, 2026
Kirti
Digitally signed by :-
SMT KIRTI MISHRA
High Court of Judicature at Allahabad
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