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Allahabad High Court · body

2017 DAILYLAW 3081 (ALL)

SHAILESH KUMAR v. SMT. SANJU AND ANOTHER

CRLR/925/2017 · 2026-05-03

Manoj Bajaj

body2017

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 925 of 2017 Court No. - 85 HON'BLE MANOJ BAJAJ, J. Husband- Shailesh Kumar Raina is aggrieved against the order dated 08.12.2016 passed in Criminal Case No. 235 of 2007 passed by Principal Judge, Family Court, Gorakhpur, whereby the application filed by opposite party nos.1 & 2 under Section 125 Cr.P.C. has been partly allowed by awarding monthly maintenance of Rs.8,000/- & Rs.5000/- in favour of the wife and minor daughter, respectively. Mr. Kamlesh Kumar Nishad, Advocate appears on behalf of the husband in the connected Revision No.901 of 2025, wherein the order dated 04.02.2025 passed U/s 127 Cr.P.C. filed by the opposite party no.1 and 2 for enhancement of maintenance under changed circumstances has been allowed, but according to the learned counsel, he is not appearing in this revision petition 925 of 2017, which was filed by Mr. B.R. Sharma, Advocate. Learned counsel for the opposite parties has stated that at the time of accepting the claim under Section 125 Cr.P.C., the monthly salary of husband was approximately Rs.39,000/- and with the passage of time, not only the needs of the opposite parties increased, but the salary of the husband also hiked to approximately Rs.1,00,000/- per month. However, learned counsel for the opposite parties has not disputed the fact that pursuant to the impugned order dated 8.12.2016, the monthly maintenance is being paid regularly to the opposite party nos.1 and 2. Versus Counsel for Revisionist(s) : Bhaju Ram Pprasad Sharma, Dhirendra Pratap Singh Counsel for Opposite Party(s) : Ajay Rajendra Shailesh Kumar .....Revisionist(s) Smt. Sanju And Another .....Opposite Party(s) Considering the above background, particularly the subsequent event whereby maintenance has been enhanced under Section 127 Cr.P.C., on changed circumstances, nothing survives for adjudication in the revision petition, as the order dated 8th December, 2016 has merged in the order dated 4.2.2025, which is the subject matter of Criminal Revision No.901 of 2025. Resultantly, the revision petition is dismissed as infructuous. May 4, 2026 Raj CRLR No. 925 of 2017 2 (Manoj Bajaj,J.) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad