Neutral Citation No. - 2025:AHC:146370 Court No. - 91 Case :- CRIMINAL REVISION No. - 1908 of 2024 Revisionist :- Smt Neetu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Lok Nath Shukla Counsel for Opposite Party :- Amit Kumar Gaur,G.A.,Karmendra Kumar Hon'ble Harvir Singh,J. 1. List has been revised. None appeared on behalf of the opposite party no. 2 even in revised call. 2. Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record. 3. The present criminal revision has been filed by the revisionists against the judgment and order dated 05.03.2024 passed by learned Principal Judge, Family Court, Bulandshahar. By the said order dated 05.03.2024, application for grant of maintenance to the revisionists has been dismissed by the learned Principal Judge, Family Court, Bulandshahar. 4. Learned counsel for the revisionists has submitted that the learned trial court has passed the order primarily based upon the facts that the revisionist no. 1 was allegedly having illicit relationship with her own relative, who happens to be nephew (Bhanja) of opposite party no. 2, i.e. husband. He has further submitted that the opposite party is the husband of revisionist no. 1, who was serving in Indian Army and was posted at different places and in his absence the revisionist no. 1 has allegedly developed some illicit relationship with the nephew (Bhanja) of opposite party no. 2. However, the said allegations have been denied by the revisionist no. 1. It was further alleged that the three children were born other than the wedlock of revisionist no. 1 and the opposite party no. 2. He further submitted that while presuming that, if a lady is having some illicit relationship with some other person and she is having the three children (in the present case), then the husband cannot shy away from taking the responsibility of maintenance of the wife and children and also entire family. He also submitted that the order passed by the learned Principal Judge, Family Court, Bulandshahar is illegal and arbitrary and the same is liable to be set aside. 5. On the other hand, learned A.G.A. for the State has submitted that the order passed by the learned Principal Judge, Family Court, Bulandshahar is perfectly valid and in accordance with law and no infirmity or illegality has been committed by the learned Principal Judge, Family Court, Bulandshahar and no interference is being called for by this Court in respect of the order dated 05.03.2024 passed by learned Principal Judge, Family Court, Bulandshahar. 6. Having regard to the fact that the only ground, which has been taken and considered by the learned Principal Judge, Family Court, Bulandshahar is that, if the revisionist no. 1 was in some illicit relationship with some third person and therefore, she is not entitled for any maintenance whatsoever, no other ground has been taken while passing the impugned order by the learned Principal Judge, Family Court, Bulandshahar. 7. It is needless to say that while presuming that a lady is having some illicit relationship with some third person, and her family is having the three children (in the present case), then the husband cannot shy away from taking the responsibility of maintenance of the wife and children and also entire family. If the husband/opposite party was aggrieved by any such act of revisionist i.e. wife of opposite party no. 2, it was open to the opposite party no. 2 to take appropriate legal proceedings against his wife for allegedly indulging in some illicit relationship with some third person, but merely because the revisionist no. 1 was allegedly found to be involved in some illicit relationship with some other person, it cannot be said that the revisionist no. 1 and her children are not entitled for maintenance. The issue of grant of maintenance and illicit relationship are two different aspects to be taken up separately. If the opposite party no. 2 was aggrieved by any act of the revisionist, then it was always open for opposite party no. 2 to take any legal course of action as provided in law. 8. Under facts and circumstances and as stated in the foregoing paragraphs, the present revision is liable to be allowed. The order dated 05.03.2024 passed by learned Principal Judge, Family Court, Bulandshahar is liable to set aside, hence set aside. 9. The matter is remanded back to the court of learned Principal Judge, Family Court, Bulandshahar to decide the matter of grant of maintenance afresh, in accordance with law. Order Date :- 23.8.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad