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2024 DAILYLAW 2650 (ALL)

VINOD KUMAR v. State of UP AND ANOTHER

CRLR/283/2024 · 2026-03-18

Harvir Singh

body2024

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 283 of 2024 Court No. - 86 HON'BLE HARVIR SINGH, J. 1. Heard Sri Sanjai Kumar Singh, learned counsel for the revisionist, Sri Kamlesh Kumar Mishra, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 2. The instant revision has been filed against order dated 10.10.2023 passed by Additional Principal Judge, Family Court in Misc. Application No. 47 of 2019 under Section 127 Cr.P.C., by which the amount of maintenance being awarded to opposite party no. 2 has been enchanced from Rs. 2,000/- to Rs. 10,000/- per month and the said amount of Rs. 10,000/- has been made liable to be paid from the date of filing of the application under Section 127 Cr.P.C. 3. As per the record, the said application was filed on 18.07.2007 and the final order in Application under Section 125 Cr.P.C. was passed on 29.01.2016. Thereafter, the order under Section 127 Cr.P.C. enhancing the amount of maintenance was passed on 10.10.2023. Learned counsel for the revisionist has submitted that revisionist is a poor person and the amount of arrears liable to be paid by the revisionist has gone very high aggregating to Rs. 21 lakhs and submits that the revisionist is not able to pay the said amount of arrears as on date. However, he fairly submitted that if the interim amount of maintenance to be paid to opposite party no. 2 is made as Rs. 2,000/- from 18.07.2007 to 29.01.2016 and the interim amount of maintenance is made Rs. 8,000/- from 29.01.2016 to 10.10.2023, the revisionist shall be liable to pay the said amount and shall Versus Counsel for Revisionist(s) : Sanjai Kumar Singh Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Mishra Vinod Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) clear the arrears within a reasonable period. Learned counsel has further and fairly submitted that the said amount of Rs. 10,000/- which has been awarded by the learned Family Court, be made payable from the date of passing of the order i.e. 10.10.2023 and the revisionist shall continue to pay the amount of Rs. 10,000/- on regular basis, besides the amount of arrears to be paid accordingly. 4. Accordingly, it is directed that the revisionist shall clear the amount of arrears in addition to the regular amount of maintenance to the tune of Rs. 10,000/- by paying monthly installment of Rs. 15,000/- on regular basis till the entire arrears are cleared. In the event of any default, the opposite party no. 2 shall be at liberty to proceed in accordance with law before the concerned family court. 5. Without going to other merits of the case, the revision stands disposed of. March 19, 2026 Kirti CRLR No. 283 of 2024 2 (Harvir Singh,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad