Allahabad High Court

ANUJ KUMARversusSTATE OF U.P. AND ANOTHER

Decided: 8 September 2026
Bench: PRASHANT BILGAIYAN REGISTRAR CRIMINAL

Holding

The Court modified the interim maintenance order, stayed the arrears up to the order date, directed payment of maintenance from the order date, and ordered the Family Court to decide the pending Section 125 application within six months, thereby disposing of the revision.

Summary

Anuj Kumar filed a criminal revision challenging an interim maintenance order dated 06.08.2026 passed by the Principal Judge of the Family Court, Aligarh, which directed him to pay Rs.4,500 per month to his wife, Smt. Lata alias Sonam. He contended that the amount was not commensurate with his income, no evidence was produced, and he was ready to pay the amount only from the date of the order, seeking a stay of arrears pending the final decision of a pending application under Section 125 Cr.P.C./144 BNSS. The High Court, after hearing counsel, modified the Family Court order by staying the arrears of interim maintenance from the date of application up to 06.08.2026, directing the petitioner to pay the maintenance from that date onward, and directing the Family Court to dispose of the pending Section 125 application within six months. The Court also warned that failure to comply would permit recovery of arrears as per the original order. With these directions, the revision was disposed of.

Issues considered

Whether the interim maintenance order dated 06.08.2026 should be quashed or stayed.
Whether the arrears of interim maintenance should be stayed pending the final adjudication of the pending Section 125 Cr.P.C./144 BNSS application.
Whether the petitioner should be directed to pay maintenance from the date of the order despite the stay of arrears.

Legislation cited

Code of Criminal Procedure, 1973 — s. 125

Subjects

interim maintenance
Section 125 Cr.P.C.
family court
criminal revision
stay of order
arrears of maintenance
justice

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 5489 of 2026

Anuj Kumar
.....Revisionist(s)
Versus

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

Counsel for Revisionist(s) : Aniruddha Yadav, Pradyumna Kumar
Yadav
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Pradyumna Kumar Yadav, learned counsel for the revisionist
and Sri Shashidhar Pandey, 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 revision and quash the judgment and
order dated 06.08.2026 passed by Principal Judge, Family Court, Aligarh
in Criminal Misc. Case No.1162 of 2025 (CNR NO.UPAL
020025542025) Smt. Lata alias Sonam Vs. Anuj Kumar, u/s 144 BNSS
2023, Police Station: Sasni Gate, District: Aligarh by which opposite
party no.2 has been awarded interim maintenance.

It is further prayed that this Hon'ble Court may be pleased to stay the
effect and operation of the judgment and order dated 06.08.2026 passed
by Principal Judge, Family Court, Aligarh in Criminal Misc. Case
No.1162 of 2025 (CNR No.UPAL 020025542025) Smt. Lata alias Sonam
Vs. Anuj Kumar, u/s 144 BNSS 2023, Police Station: Sasni Gate, District:
Aligarh by which opposite party no.2 has been awarded interim
maintenance, and/or pass such other and further orders as this Hon'ble
Court may deem fit and proper to secure the ends of justice, meanwhile,
CRLR No. 5489 of 2026
2

otherwise, the revisionist shall suffer an irreparable loss and injury."

3. Learned counsel for the revisionist submits that the Principal Judge,
Family Court, Aligarh vide order dated 06.08.2026 directed the revisionist
to pay Rs.4,500/- per month to his wife/opposite party no.2 as an interim
maintenance from the date of application i.e. 30.01.2026. 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.4,500/- per month 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
no.2 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.

4. Learned counsel for the revisionist 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 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. 06.08.2026 and he will
also pay the interim maintenance amount to his wife regularly on monthly
basis.

5. In view of above facts and circumstances and in interest of justice,
without issuing notice to opposite party no.2, the order
dated 06.08.2026 is modified to the extent that the arrears of interim
maintenance amount starting from the date of application
upto 06.08.2026 shall remain stayed till the final decision of the pending
application under Section 125 Cr.P.C./144 BNSS. However, the
CRLR No. 5489 of 2026
3

revisionist is directed to clear all the dues/arrears of maintenance amount
from the date of the order i.e. 06.08.2026 and shall pay the maintenance
amount to his wife regularly on monthly basis.

6. In case, the revisionist fails to comply with any of the aforesaid
directions, the Principal Judge, Family Court, Aligarh, will be at liberty
to proceed for recovery of the arrears of maintenance amount from the
revisionist in terms of order dated 06.08.2026 as per prevailing law.
The Principal Judge, Family Court, Aligarh 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.

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

(Praveen Kumar Giri,J.)
September 9, 2026
K.Tiwari

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

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