Allahabad High Court
AMIT KUMAR ALIAS PARESHWARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The High Court allowed the condonation of delay, stayed the arrears of interim maintenance pending the final decision, directed payment from the order date, and disposed of the revision.
Summary
Amit Kumar filed a criminal revision challenging an interim maintenance order passed by the Family Court, Ghaziabad, which directed him to pay Rs 5,000 per month to his wife and Rs 2,500 to his minor son from 21‑06‑2024. He sought a stay of the arrears and asked the High Court to direct the Family Court to dispose of the pending Section 125/144 BNSS application expeditiously. The revision was filed 126 days beyond the prescribed period, but a condonation application was allowed. The High Court, without issuing notice to the opposite parties, modified the order by staying the arrears from 21‑06‑2024 to 20‑01‑2026, directing the revisionist to pay maintenance from 21‑01‑2026 onward, and ordering the Family Court to pass a final order within six months. The revision was thereafter disposed of.
Issues considered
- Whether a delay of 126 days in filing a criminal revision can be condoned.
- Whether the revision can be decided without notice to the opposite parties.
- Whether the interim maintenance order under Section 125 Cr.P.C. can be stayed or modified pending final determination of the pending application.
- Whether the Family Court can be directed to pass a final order within a specified time frame.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 144
Subjects
- criminal revision
- Section 125 Cr.P.C.
- interim maintenance
- delay condonation
- stay order
- family court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION DEFECTIVE No. - 1769 of 2026
Amit Kumar Alias Pareshwar
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Akash Patel
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 126
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 Akash Patel, 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
kindly be pleased to allow the present revision, set aside the impugned
judgment & order dated 21.01.2026 passed by Sri Mridul Kumar Mishra,
Principal Judge, Family Court, Ghaziabad allowing the petition for
CRLRD No. 1769 of 2026
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interim maintenance of opp. party no. 2 & 3 Under Sections125 Cr.P.C.
of the opp. party no. 2 & 3 has been allowed and awarding a sum of
rupees 5,000/- per month for the opp. party no.2 and 2,500/- per month
for the opp. party no.3 from the date of application.
It is further prayed that this Hon'ble Court may kindly be pleased to stay
the effect and operation of impugned judgment and order dated
21.01.2026 passed by Sri Mridul Kumar Mishra, Principal Judge, Family
Court, Ghaziabad and the further recovery proceeding in pursuance
thereof during the pendency of present revision before this Hon'ble Court
and/or may pass such other and further order or direction which this
Hon'ble Court may deem fit and proper under the circumstances of the
case, otherwise the revisionist shall suffer irreparable loss and injury."
6. Learned counsel for the revisionist submits that the Principal Judge,
Family Court, Ghaziabad vide order dated 21.01.2026 directed the
revisionist to pay Rs.5000/- per month to his wife/opposite party no.2 and
Rs.2500/- per month to minor son/opposite party no.3 as an interim
maintenance from the date of application i.e. 21.06.2024. 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.7500/- per month (Rs.5000/- to wife and
Rs.2500/- to minor son) 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. 21.06.2024 upto the date of order i.e. 21.06.2026 may be kept in
abeyance till the final disposal of the pending application under section
CRLRD No. 1769 of 2026
3
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.
21.01.2026 and he will also pay the interim maintenance amount to his
wife and minor son regularly on monthly basis.
7. 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
21.01.2026 is modified to the extent that the arrears of interim
maintenance amount starting from the date of application i.e. 21.06.2024
upto 20.01.2026 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. 21.01.2026 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 Principal Judge, Family Court, Ghaziabad, will be at
liberty to proceed for recovery of the arrears of maintenance amount from
the revisionist in terms of order dated 21.01.2026 as per prevailing law.
The Principal Judge, Family Court, Ghaziabad 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 8, 2026
Manish Himwan
Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad
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