Neutral Citation No. - 2025:AHC:101215 Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 937 of 2023 Revisionist :- Usha Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sunil Kumar Pandey,Vikrant Pandey Counsel for Opposite Party :- Ashish Kumar,G.A.,Shailendra Singh Hon'ble Sameer Jain,J. 1. Heard Sri Gaurav Srivastava Advocate holding brief of Sri Vikrant Pandey, learned counsel for the revisionist; Sri Ashish Kumar, learned counsel appearing on behalf of opposite party no. 2 and Sri Pradeep Kumar, learned AGA for the State-respondent. 2. This revision under Section 397/401 Cr.P.C. has been preferred by the revisionist to set aside the order dated 29.1.2018 passed by the Judge Family Court, Ghazipur in Criminal case No. 584 of 2014 (130 of 2013) (Usha Singh Vs. Puneet Kumar Singh @ Pancham Singh) enhance the maintenance awarded by the court below to revisionist to grant Rs. 25,000/- per month to the revisionist. 3. Learned counsel for the revisionist submitted that revisionist is the wife of opposite party no. 2 and she filed the instant revision for enhancement of maintenance allowance against the order dated 19.1.2018 by which although her maintenance application was allowed. 4. He next submitted that there is delay of more than five years in filing the instant revision but revisionist has explained the delay through delay condonation application. 5. He next submitted that in para-6 of the delay condonation application, revisionist has specifically averred that due to paucity of fund and medical condition, she did not file the instant revision for enhancement of maintenance in time and in support of the affidavit, thereof in para-9 also, she reaffirmed the para-6 of the delay condonation application. 6. He next submitted that alongwith affidavit revisionist also filed her medical reports and therefore, delay of five years in filing the instant revision on the ground of medical condition and paucity of fund, should be condoned. 7. Per contra, learned AGA as well as learned counsel for the opposite party no. 2 vehemently opposed the prayer for delay condonation and submits that on vague grounds, delay of five years cannot be condoned. 8. They further submitted that from the record it could not be reflected that revisionist was severely ill and from her medical reports, it reflects that she was having some minor medical issues and even her reports were of the year 2019. 9. They further submitted that on such flimsy and vague ground, delay of five years in filing the instant revision should not be condoned and delay condonation application is liable to be dismissed and accordingly, the instant revision should also be dismissed on the ground of delay, itself. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, revisionist is wife of the opposite party no. 2 and she filed the instant revision against the impugned order dated 29.1.2018 for enhancement of the maintenance allowance awarded to her by the court concerned but there is delay of more than five years in filing the instant revision and however, as per revisionist due to paucity of fund and medical conditions she could not file the instant revision in time but after going through the entire material available on record, including her medical reports, this Court did not find that she was having such illness on the basis of which she was restrained to file revision against the impugned order in time. 12. Further, in view of this Court, the ground of paucity of fund, is a vague ground and it is not proper to condone the delay of five years in filing the instant revision on such ground. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, the instant delay condonation application filed by the revisionist is devoid of merit and is accordingly, dismissed. 14. As delay condonation application filed by the revisionist has been dismissed, therefore, the instant revision is also, accordingly, dismissed on the ground that the same is time barred. Order Date :- 1.7.2025/Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad