HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3990 of 2018 Court No. - 86 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the parties and perused the material available on record. 2. The instant revision has been filed against order dated 20.10.2016 passed by learned Family Court under Section 125 Cr.P.C. in Case No. 127 of 2010 as well as order dated 24.09.2018 passed in Criminal Case No. 26 of 2018 under Section 126(2) Cr.P.C. 3. The order dated 20.10.2016 is an ex parte order wherein a sum of Rs. 10,000/- was awarded as monthly maintenance to opposite party no. 2. However, aggrieved by order dated 20.10.2016, the revisionist herein moved an application under Section 126(2) Cr.P.C., on behalf of the revisionist was dismissed by the learned Family Court vide order dated 24.09.2018. 4. The factual matrix leading to the filing of the instant revision is that the revisionist, in the meantime, also filed another Criminal Revision Defective No. 124 of 2016 against the interim order passed by learned Family Court thereby awarding a sum of Rs. 3,000/- as interim maintenance in respect of application moved under Section 125 Cr.P.C. The said Revision No. 124 of 2016 moved on behalf of the present revisionist before this Court, was dismissed vide order dated 08.03.2016 Versus Counsel for Revisionist(s) : Divya Ojha, Sandeep Pandey, Shailendra Kumar Rai Counsel for Opposite Party(s) : Abhishek Kumar Yadav, Ashutosh Vaish, Bhola Nath Yadav, G.A., Prem Singh, Tarun Kumar Srivastava, Uns Ahmad Siddiqui Mohammad Shamshir Khan .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) holding that the amount of interim maintenance passed by learned Family Court is in accordance with law and calls for no interference. In the meantime, the opposite party no. 2 also filed a petition under Article 227 of the Constitution bearing no. 1850 of 2018, the said petition under Article 227 was disposed of vide order dated 25.10.2018 passed by this Court. The only revision filed by the revisionist herein bearing number 3990 of 2018 is pending disposal against both the orders dated 20.10.2016 and 24.09.2018. 5. Apart from above, the opposite party no. 2 also moved a Criminal Revision No. 5611 of 2024 before this Court, which has been dismissed vide order dated 27.10.2025. The same relates to the compliance of the order passed in Execution (under Section 128 Cr.P.C.) by the learned Family Court. Hence, the revision no. 3990 of 2018 is taken up for disposal. 6. Learned counsel for the revisionist submitted that the revisionist is a poor person and is residing in a joint accommodation. The amount of Rs. 10,000/- awarded by learned Family Court vide order dated 20.10.2016 is exorbitant, excessive and beyond the final resources of the revisionist. He further submitted that the revisionist is having a small shop and is deriving income from the said shop, which is on the lower side and is not capable of paying the amount of Rs. 10,000/- per month awarded by the learned Family Court vide order dated 20.10.2016. 7. Besides that another revision was also filed against the order passed in 126(2) Cr.P.C., Misc. Criminal Case No. 26 of 2018 (Mohammad Shamshir vs. Asifa Siddiqui) by the revisionist, for setting aside the said ex parte order dated 20.10.2016. On a fair consideration of the matter, the learned Family Court vide order dated 24.09.2018 dismissed the application moved by the revisionist under Section 126(2) Cr.P.C. on the ground that the revisionist was having full and complete knowledge of the pendency of petition no. 127 of 2010 moved under Section 125 Cr.P.C., inasmuch as the revisionist appeared in court and filed his written statement. After filing of the written statement, an interim order dated 11.09.2015 awarding a sum of Rs. 3,000/- per month as interim maintenance was passed, directing to opposite party no. 2 to pay the CRLR No. 3990 of 2018 2 same. Aggrieved by order dated 11.09.2015, the revisionist herein moved a Criminal Revision Defective No. 124 of 2016, which was dismissed by this Court on 08.03.2016. The order passed by the co-ordinate Bench of this Court dated 08.03.2016 in Revision Defective No. 124 of 2016 is enumerated as below:- "The present revision as per the report of Stamp Reporter dated 3.3.2016 is beyond 84 days. Heard Ms. Salma Bano, learned counsel for the revisionist and Sri I.B. Yadav, learned A.G.A for the State. The revisionist by means of this revision has challenged the order dated 11.9.2015 passed by Special Judge, Family Court/A.D.J. Allahabad in Case No. 127 of 2010 under Section 125 Cr.P.C. I have gone through the revision along with affidavit filed in support of this revision, as well as the impugned order and I do not find that the impugned order suffers from any illegality or infirmity requiring any interference by this Court. I find no merit in the present revision as such while dismissing the application u/s 5 of the Limitation Act, I dismiss the present revision against the impugned order." 7. Having considered the averments made by learned counsel for the revisionist, as far as the order dated 24.09.2018 is concerned, the same has been passed in accordance with law, there appears to be no illegality in the order dated 24.09.2018 for the reason that the pendency of main petition under Section 125 Cr.P.C., bearing no. 127 of 2010 was in complete and full knowledge of the revisionist, inasmuch as the revisionist filed the written statement in the said application. Moreover, against the interim order passed on 11.09.2015, the revisionist herein moved a revision before this Court and the said revision no. 124 of 2016 was also dismissed. Hence, by no stretch of imagination and as per the available record, it cannot be considered and presumed that the revisionist was not having the knowledge of the pendency of said petition no. 127 of 2010 moved under Section 125 Cr.P.C. Therefore, the order dated 24.09.2018 appears to have been passed in accordance with law and is thereby confirmed. CRLR No. 3990 of 2018 3 8. Once, the order dated 24.09.2018 has been confirmed by this Court, which has been passed by the learned Family Court in respect of order dated 20.10.2016 by which the legality/illegality of the said order dated 20.10.2016 was challenged on the ground, that the said order was an ex parte order, whereas the record shows that the said order dated 20.10.2016 is not an ex parte order under any imagination or the circumstances or the record available before this Court. 9. Under the circumstances, the instant revision is hereby dismissed. No further order is required to be passed in respect of order dated 20.10.2016 passed by learned Family Court. 10. As is evident from the record, the parties are ad litem from the year 2010 and about 16 years have gone, the revisionist has partly complied with the order dated 20.10.2016 and arrears of maintenance amount are still pending against the revisionist, it is directed that the revisionist shall forthwith clear the outstanding arrears due upon him in another three months. 11. In the event, the revisionist fails to clear the amount of arrears, the opposite party no. 2 shall be at liberty to move an appropriate execution application before the concerned family court. On consideration of the execution application, the learned Family Court shall be at liberty to recover the payment of arrears, if the situation so warrants, by attaching the property of the revisionist and further, if the situation so warrants, auctioning the same by way of laid down procedure, as has been done in the case of Recovering the amount of land revenue. Furthermore it is directed that about ten years have already elapsed when the order of amount of maintenance of Rs. 10,000/- was passed by the learned Family Court vide order dated 20.10.2016, hence sufficient circumstances have changed due to price hike of the commodities and opposite party no. 2 shall be at liberty to move any application under Section 127 Cr.P.C. seeking the hike in the amount of maintenance, in accordance with law. March 19, 2026 Kirti CRLR No. 3990 of 2018 4 (Harvir Singh,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad