HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4261 of 2024 Court No. - 89 HON'BLE MADAN PAL SINGH, J. 1. Case called out in the revised call. None has appeared on behalf of the opposite party no.2 to press the present revision. Hence this criminal revision is being decided after hearing the arguments of learned counsel for the revisionist as well as learned AGA. 2. Heard Sri Abhay Pratap Singh, learned counsel for the revisionist, learned counsel for the opposite party no.2, learned AGA for the State and perused the record. 3. This criminal revision has been filed by the revisionist with prayer to set aside the order dated 16.05.2024 passed by the learned Additional Principal Judge, Family Court, Bareilly, in Matrimonial Case No. 520 of 2019 (Smt. Preeti & Anr. Vs. Udayveer), under Section 125 Cr.P.C. whereby maintenance of opposite party no. 2 was rejected and directed the revisionist to pay maintenance amount of Rs.2500/- per month to the opposite party no. 3 (minor daughter) from the date of application till the date impugned order and Rs. 3000/- per month from the date of impugned judgment till the date of her marriage. 4. The sole contention of learned counsel for the revisionist is that the opposite party no. 2 has filed the application under Section 125 Cr.P.C. on 01.04.2019, on that date opposite party no.3 was not born rather she was born on 2.10.2019 and subsequently opposite party no. 3 filed a separate application under Section 125 Cr.P.C. on 07.09.2020 under the guardianship of opposite party no.2. It is further submitted that the trial court has awarded the maintenance amount in favour of opposite party no.3 from the date of filing of the first application on 01.04.2019 while it would be granted either from the date of order or from the date of filing of the application by filed by the opposite party no. 3 on 07.09.2020, except no other arguments has been advanced. Versus Counsel for Revisionist(s) : Abhay Pratap Singh, Krishna Anand, Sachin Singh, Satya Pal Counsel for Opposite Party(s) : Brijesh Singh, G.A. Udayveer .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. Learned counsel for the opposite party no. 2 as well as learned A.G.A. could not dispute the aforesaid facts as submitted by learned counsel for the revisionist 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as perusal of record and order passed by court below dated 16.05.2024 and the application filed by opposite party no. 3 on 07.09.2020 under the guardianship of opposite party no.2, it reflects from the impugned order at page no. 22, the trial court has directed the revisionist to pay maintenance amount of Rs. 2500/- in favour of opposite party no.3 from the date of filing of the application but the date of application was not mentioned despite being two applications were filed under Section 125 Cr.P.C. one was filed on 01.04.2019 and second was filed by opposite party no.3 on 07.09.2020. 7. In view of the aforesaid facts and circumstances, this Court is of the opinion that the maintenance amount awarded by the trial court shall be payable to opposite party no.3 from the date of filing of her own application, i.e., 07.09.2020, filed under the guardianship of opposite party no.2 8. Accordingly the order dated order dated 16.05.2024 passed by the learned Additional Principal Judge, Family Court, Bareilly, in Matrimonial Case No. 520 of 2019 (Smt. Preeti & Anr. Vs. Udayveer), under Section 125 Cr.P.C is modified to the extent that the maintenance amount of Rs. 2,500/- per month shall be payable from the date of filing of the application, i.e., 07.09.2020, till the date of the impugned order and Rs. 3,000/- per month shall be payable from the date of the impugned order till her marriage. 9. The instant criminal revision is partly allowed. October 10, 2025 Akbar CRLR No. 4261 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad