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Allahabad High Court

GAURAV TRIVEDIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court directed the trial court to hear the husband on the adultery allegation, pass appropriate maintenance orders, and conclude the trial within six months, thereby disposing of the revision.

Summary

The husband filed a criminal revision challenging the Family Court's order dated 30.07.2026 in a Section 125(4) CrPC maintenance application filed by his wife. The husband contended that his wife, who was living separately, was engaged in adultery and therefore not entitled to maintenance. No interim or final maintenance order had been passed, and the husband sought a hearing to prove the adultery allegation before any maintenance could be granted. The High Court directed the trial court to provide the husband an opportunity to establish the adultery claim, to pass appropriate interim or final maintenance orders, and to conclude the trial within six months, citing Supreme Court precedent. The revision was consequently disposed of.

Issues considered

  • Whether the trial court must grant a hearing to the husband to establish adultery before deciding a maintenance application under Section 125(4) CrPC.
  • Whether the Family Court's order can be set aside in the criminal revision.
  • Whether the trial court should be directed to complete the proceedings within a specified time frame.

Legislation cited

Subjects

  • maintenance
  • Section 125 CrPC
  • adultery
  • criminal revision
  • family court
  • interim maintenance
  • speedy trial

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   CRIMINAL REVISION No. - 5674 of 2026

Gaurav Trivedi
                                                                 .....Revisionist(s)
                                      Versus

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

Counsel for Revisionist(s)    : Harish Chandra Shukla, Santosh Kumar
                                Tiwari
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Harish Chandra Shukla, along with Sri Santosh Kumar
Tiwari, learned counsel for the revisionist, and learned A.G.A. for the
State.

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

     "It is, therefore, most respectfully prayed that this Hon'ble court may
     graciously be pleased to allow this criminal revision, set-aside the
     Judgment and order dated 30.07.2026, passed by learned Third
     Additional Principle Judge, Family court Kanpur Nagar, while deciding
     the case of the revisionist/applicant, filed under section 125 (4) Cr.P.C.
     as an application 33 (Ga) equally for the positive directions suggested by
     procedure applicable under section 125 (4) Cr.P.C. to hold that
     revisionist's wife living separately without any sufficient reason has по
     case for maintenance, during the pendency of present criminal revision
     before this Hon'ble Court.

     And/or this Hon'ble Court may be pleased to pass such order or further
     orders which this Hon'ble Court may deem fit looking into the facts and
     circumstances of the case."

3. Learned counsel for the revisionist further submits that the wife has
filed an application under Section 125 Cr.P.C./Section 144 BNSS,
seeking maintenance in her favour, whereas the husband has objected that
the wife is not entitled to any maintenance, as she is living in adultery.
The said objection has been raised by way of an application.

4. Learned counsel for the revisionist further submits that, as yet, no order
granting interim maintenance or final maintenance has been passed. He
                                                                                            CRLR No. 5674 of 2026
                                                                   2


                                    further submits that the learned Trial Court may be directed to provide an
                                    opportunity of hearing to the revisionist-husband to establish the
                                    allegation of adultery against the wife while considering the application
                                    for interim or final maintenance, as the case may be.

                                    5. Having heard the learned counsel for the revisionist, the Trial Court is
                                    directed to provide an opportunity of hearing to the revisionist to establish
                                    the allegation of adultery against the wife in the trial proceedings, in
                                    accordance with law, and thereafter pass an appropriate order regarding
                                    interim maintenance or final maintenance, as the case may be.

                                    6. This Court further directs the learned Trial Court to conclude the trial
                                    proceedings, preferably within a period of six months, after providing
                                    opportunity of hearing to the parties, in accordance with law as well as the
                                    law laid down by Hon'ble the Supreme Court in Rajnesh v. Neha and
                                    others, (2021) 2 SCC 324.

                                    7. With the aforesaid observations and directions, the present criminal
                                    revision is disposed of.


                                                                                      (Praveen Kumar Giri,J.)
                                    September 14, 2026
                                    DKS




Digitally signed by :-
DEEPAK KUMAR SRIVASTWA
High Court of Judicature at Allahabad


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