HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3377 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Counter affidavit filed on behalf of the opposite party no.2 in the Court today is taken on record. 2. Heard Mr. Vipin Kumar, learned counsel for the revisionists, Mr. Piyush Kumar Shukla, learned counsel for opposite party no.2 and the learned A.G.A. for the State. 3. This criminal revision has been filed by the revisionists under Section 397/401 Cr.P.C. with a prayer to set aside the judgment and order dated 9th May, 2024 passed by the Principal Judge, Family Court, Jhansi in Case No. 851 of 2021 (Smt. Poonam Singh Vs. Satyendra Singh Verma), under Section 127 Cr.P.C., whereby the trial court has rejected the application filed by the revisionists for enhancement of the monthly maintenance allowance as awarded by the trial court under Section 125 Cr.P.C. 4. From the records it is apparent that revisionist nos. 1 and 2 are legally wedded wife and real son of opposite party no.2 respectively. In the year 2015, revisionist nos. 1 and 2 filed an application under Section 125 Cr.P.C. and by the judgment and order dated 15th February, 2017, the trial court has awarded Rs. 8,000/- per month in favour of the revisionist no.1 and Rs. 5,000/- per month in favour of revisionist no.2. Thereafter, since the circumstances have been changed, revisionist no.1 had filed an application under Section 127 Cr.P.C. for enhancement of the monthly maintenance allowance and the said application was allowed by the trial court vide order dated 23rd December, 2019 and enhanced the monthly maintenance allowance of revisionist no.2 from Rs. 5,000/- per month to Rs. 10,000/- per month as earlier awarded by the trial court vide judgment and order dated 15th February, 2017. Versus Counsel for Revisionist(s) : Jai Kishan, Vipin Kumar Counsel for Opposite Party(s) : G.A., Piyush Kumar Shukla Smt Poonam Singh And Another .....Revisionist(s) State Of U.P. And Another .....Opposite Party(s) 5. In anticipation that the revisionist no.2 would fill the form and take admission for pursuing his B.Tech. degree course in which the cost of studies will be higher, on 28th September, 2021, the revisionist no.1 filed another application under Section 127 Cr.P.C. before the trial court. The trial court vide impugned judgment dated 9th May, 2024 has opined that since the application under Section 127 Cr.P.C. has been filed by the revisionist on the ground that the revisionist no.2 would get admitted in B.Tech. degree course of which annual fee would be Rs. 1 lakh, expenses like food, hostel, dress and books etc. would be additional, however, in that regard the revisionist has not produced any educational documents, therefore, the revisionist no.2 does not appear to be entitled to receive enhanced amount of maintenance allowance from the opposite party no.2. On the basis of such categorical finding, the trial court has rejected the application of the revisionist under Section 127 Cr.P.C. under the impugned order. 6. Considering the facts and circumstances of the case, the submission of the learned counsel for the parties and perusal of the records including the impugned order, this Court finds that the trial court has not committed any illegally or perversity in rejecting the application filed by the revisionist for enhancement of monthly maintenance allowance as awarded by the trial court in the proceedings under Section 125 Cr.P.C. The said application filed by the revisionists under Section 127 Cr.P.C. is only in anticipation. At the time of filing of such application, revisionist no.2 did not get admitted in any institution for pursuing his B.Tech. degree course and because of the same the revisionist has not produced any documents before the trial court in that regard. 7. Consequently, the present criminal revision has no legs to stand. It is, accordingly, dismissed. 8. There shall be no order as to costs. 9. It shall always be open for the revisionists to file a fresh application under Section 127 Cr.P.C. for enhancement of monthly maintenance allowance as and when any new circumstances arise. September 23, 2025 Sushil/- CRLR No. 3377 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad