SALMAN KHANversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL REVISION DEFECTIVE No. - 1700 of 2026

Salman Khan
                                                              .....Revisionist(s)
                                    Versus

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

Counsel for Revisionist(s)    : Sushil Kumar Tewari, Syed Mushfiq
                                Ali
Counsel for Opposite Party(s) : G.A.

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

C.M. Delay Condonation Application No.01 of 2026

1. The instant delay condonation application has been filed seeking
condonation of delay in filing this revision, which is beyond time by 10
days.

2. The reasons shown in the accompanying affidavit is found sufficient
and to the satisfaction of this Court.

3. The delay condonation application is allowed. Consequently, the delay
in filing the revision is condoned.

Order on revision

4. Heard Sri Susheel Kumar Tiwari, learned counsel for the revisionist
and Sri Shashidhar Pandey, learned A.G.A. for the State.

5. 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 admit and allow the present Revision and set
     aside the impugned order dt. 7.5.2026 passed by the learned Additional
     Principal Judge Family Court, Jhansi in Case No. 069 of 2025 Smt. Saba
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     Sultana Vs Salman Khan under Section 144 B.N.S.S., Police Station Prem
     Nagar District Jhansi whereby the learned Additional Principal Judge.
     Family Court, Jhansi awarded a sum of Rs. 10000 per month as interim
     maintenance in favour of the OP. No. 2 from the date of application i.e.
     19.11.2025.
     It is further prayed that this Hon'ble Court may graciously be pleased to
     stay the effect and operation of the impugned order dt. 7.5.2026 passed by
     the learned Additional Principal Judge, Family Court, Jhansi in Case No.
     1069 of 2025 Smt. Saba Sultana Vs. Salman Khan under Section 144
     B.N.S.S., Police Station Prem Nagar District Jhansi, during pendency of
     the present Criminal Revision before this Hon'ble Court and/or to pass
     any such other and further orders which this Hon'ble Court may deem fit
     and proper under the facts and circumstances of the present case."

6. Learned counsel for the revisionist submits that the Additional
Principal Judge, Family Court, Jhansi vide order dated 07.05.2026
directed the revisionist to pay Rs.10,000/- per month to his wife/opposite
party no.2 as an interim maintenance from the date of application i.e.
19.11.2025. 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.10,000/- per
month to the 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 no.2 succeeds 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. 19.11.2025
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
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                                    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. 07.05.2026 and he will also pay the interim maintenance amount
                                    to his wife regularly on monthly basis.

                                    7. In view of above facts and circumstances and in interest of justice,
                                    without issuing notice to opposite party no.2, the order dated 07.05.2026
                                    is modified to the extent that the arrears of interim maintenance amount
                                    starting from the date of application i.e. 19.11.2025 upto 06.05.2026 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. 07.05.2026 and shall pay the maintenance amount to his wife
                                    and minor son regularly on monthly basis.

                                    8. In case, the revisionist fails to comply with any of the aforesaid
                                    directions, the Additional Principal Judge, Family Court, Jhansi, will be
                                    at liberty to proceed for recovery of the arrears of maintenance amount
                                    from the revisionist in terms of order dated 07.05.2026 as per prevailing
                                    law. The Additional Principal Judge, Family Court, Jhansi 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.

                                    9. 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