UPENDRA SHUKLAversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   CRIMINAL REVISION No. - 5232 of 2026

Upendra Shukla
                                                                 .....Revisionist(s)
                                      Versus

State Of U.P. And 2 Others
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Revisionist(s)            :   Amir Khan, Thakur Prasad Dubey
Counsel for Opposite Party(s)         :   G.A.

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

1. Heard Sri Amir Khan, learned counsel for the revisionist and Sri Sunil
Kumar, learned A.G.A. for the State.

2. Learned counsel for the revisionist submits that the instant criminal
revision has been preferred with the relief which has been mentioned in
the prayer clause. The relief mentioned in the prayer clause of 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 in the
     impugned order dated 18.7.2026 passed by the Additional Principal
     Judge, Family Court No.5, Prayagraj Maintenance Case No.702 of
     2023:Smt. Shashi Vs. Upendra Shukla, Under Section 125 of Cr.P.C., at
     Police Station Saraimumrej, District Prayagraj, whereby awarding
     Rs.4000/- to the opposite party no.2 as interim maintenance from the date
     of filing of the interim maintenance application dated month, 23.2.2026
     on 10th date of every otherwise the revisionist shall suffer irreparable
     loss and injury.

     And/or pass such other and further order, as this Hon'ble Court may
     deem fit and proper under the facts and circumstances of the case."

3. Learned counsel for the revisionist submits that the Additional
Principal Judge, Family Court No.5, Prayagraj vide order dated
18.07.2026 directed the revisionist to pay Rs.4000/- per month to his
                                                        CRLR No. 5232 of 2026
                               2


wife/opposite party no.2 as an interim maintenance from the date of
application i.e. 23.02.2026. He further submits that the amount of interim
maintenance does not commensurate with the income of the revisionist.
He further submits that yet no evidence has been adduced by the
revisionist even then the amount of interim maintenance, to the tune of
Rs.4000/- per month to wife has been granted by the trial court. He
further submits that the revisionist is ready to pay the interim maintenance
amount from the date of order and if opposite party nos.2 and 3 succeed
in the pending application under Section 125 Cr.P.C./144 BNSS before
the trial court, then maintenance may be granted from the date of
application as per law laid down by the Hon'ble Supreme Court in the
judgment of Rajnesh vs. Neha and another, (2021) 2 Supreme Court
Cases 324. He further submits that he does not want to press this revision
on merits and it may be disposed of giving direction to the concerned
Family Court to finally adjudicate the application under Section 125
Cr.P.C./144 BNSS expeditiously. He further submits that in the interest of
justice the arrears of the maintenance amount from the date of application
i.e. 23.02.2026 may be kept in abeyance till the final disposal of the
pending application under section 125 Cr.P.C./144 BNSS. He further
undertakes that if this Court accepts the aforesaid request of the
revisionist, the revisionist will clear all the dues/arrears of the
maintenance amount from the date of the order i.e. 18.07.2026 and he will
also pay the interim maintenance amount to his wife regularly on monthly
basis.

4. In view of above facts and circumstances and in interest of justice,
without issuing notice to opposite party nos.2 and 3, the order dated
18.07.2026 is modified to the extent that the arrears of interim
maintenance amount starting from the date of application i.e. 23.02.2026
upto 17.07.2026 shall remain stayed till the final decision of the pending
application under Section 125 Cr.P.C./144 BNSS. However, the
revisionist is directed to clear all the dues/arrears of maintenance amount
from the date of the order i.e. 18.07.2026 and shall pay the maintenance
amount to his wife regularly on monthly basis.

5. In case, the revisionist fails to comply with any of the aforesaid
directions, the Additional Principal Judge, Family Court, Court No.5,
                                                                                             CRLR No. 5232 of 2026
                                                                    3


                                    Prayagraj, will be at liberty to proceed for recovery of the arrears of
                                    maintenance amount from the revisionist in terms of order dated
                                    18.07.2026 as per prevailing law. The Additional Principal Judge, Family
                                    Court, Court No.5, Prayagraj is directed to pass final order on the pending
                                    application under section 125 Cr.P.C./144 BNSS, preferably within a
                                    period of six months, providing opportunity of hearing to the parties,
                                    without granting any unnecessary adjournments, in the light of law laid
                                    down by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha
                                    and another, (2021) 2 Supreme Court Cases 324.

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



                                                                                      (Praveen Kumar Giri,J.)
                                    September 14, 2026
                                    Manish Himwan




Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad