VINODversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL REVISION DEFECTIVE No. - 1866 of 2026

Vinod
                                                              .....Revisionist(s)
                                     Versus

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

Counsel for Revisionist(s)    : Km Jagrati Nigam, Madhup Vishwas
Counsel for Opposite Party(s) : G.A.

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

1. Heard Ms. Aakriti Chaturvedi, Advocate holding brief of Ms. Jagrati
Nigam, 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 along with delay condonation application as there is
delay of 509 days in filing this revision. 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 set-aside the impugned Order dated 10.1.2025
     passed by the learned Principal Judge, Family Court, Mau in Case
     No.287 of 2024 (Sheela Devi Vs. Vinod), Under Section 125 Cr.P.C., by
     which the revisionist was directed to Pay Maintenance to opposite party
     no.2, and/or passed such other and further order as this Hon'ble Court
     may deem fit and proper under the facts and circumstances of the case.
     So the justice may be done."

3. Learned counsel for the revisionist submits that by the impugned order
dated 10.01.2025, amount of Rs.2500/- has been granted as maintenance
allowance to opposite party no.2/wife from the date of order while the
application for maintenance was filed on 18.03.2024. She further submits
that the revisionist is an unemployed person, therefore, he is not able to
maintain his wife.
                                                                                           CRLRD No. 1866 of 2026
                                                                   2


                                    4. This Court after perusal of the record finds that yet the proceedings is
                                    pending for final adjudication and while granting amount of interim
                                    maintenance, the trial court has not granted the expenses of the
                                    proceeding. The revisionist has challenged the impugned order dated
                                    10.01.2025, whereby amount of Rs.2500 has been granted as interim
                                    maintenance, after gap of 509 days, which is an inordinate delay.

                                    5. In view of above circumstances, this Court is not inclined to grant any
                                    relief to the revisionist, and the revision is, accordingly, dismissed on the
                                    ground of delay as well as on the ground that meagre amount of
                                    maintenance has been granted by the trial court and issuing notice to
                                    opposite party no.2 for such meagre amount, would amount to injustice
                                    with her.

                                    6. However, in the interest of justice, this Court directs the Principal
                                    Judge, Family Court, Mau to finally adjudicate the pending application
                                    under Section 125 Cr.P.C./144 BNSS, 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, preferably within a period of six
                                    months, after providing opportunity of hearing to the parties and without
                                    granting any unnecessary adjournment to either parties.



                                                                                      (Praveen Kumar Giri,J.)
                                    September 23, 2026
                                    Manish Himwan




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