HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5489 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Sri Pradyumna Kumar Yadav, learned counsel for the revisionist and Sri Shashidhar Pandey, learned A.G.A. for the State. 2. Learned counsel for the revisionist submits that the instant criminal revision has been preferred with the relief which has been mentioned in the prayer clause. The relief mentioned in the prayer clause of the revision is delineated below:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this revision and quash the judgment and order dated 06.08.2026 passed by Principal Judge, Family Court, Aligarh in Criminal Misc. Case No.1162 of 2025 (CNR NO.UPAL 020025542025) Smt. Lata alias Sonam Vs. Anuj Kumar, u/s 144 BNSS 2023, Police Station: Sasni Gate, District: Aligarh by which opposite party no.2 has been awarded interim maintenance. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the judgment and order dated 06.08.2026 passed by Principal Judge, Family Court, Aligarh in Criminal Misc. Case No.1162 of 2025 (CNR No.UPAL 020025542025) Smt. Lata alias Sonam Vs. Anuj Kumar, u/s 144 BNSS 2023, Police Station: Sasni Gate, District: Aligarh by which opposite party no.2 has been awarded interim maintenance, and/or pass such other and further orders as this Hon'ble Court may deem fit and proper to secure the ends of justice, meanwhile, Versus Counsel for Revisionist(s) : Aniruddha Yadav, Pradyumna Kumar Yadav Counsel for Opposite Party(s) : G.A. Anuj Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) otherwise, the revisionist shall suffer an irreparable loss and injury." 3. Learned counsel for the revisionist submits that the Principal Judge, Family Court, Aligarh vide order dated 06.08.2026 directed the revisionist to pay Rs.4,500/- per month to his wife/opposite party no.2 as an interim maintenance from the date of application i.e. 30.01.2026. He further submits that the amount of interim maintenance does not commensurate with the income of the revisionist. He further submits that yet no evidence has been adduced by the revisionist even then the amount of interim maintenance, to the tune of Rs.4,500/- per month has been granted by the trial court. He further submits that the revisionist is ready to pay the interim maintenance amount from the date of order and if opposite party no.2 succeed in the pending application under Section 125 Cr.P.C./144 BNSS before the trial court, then maintenance may be granted from the date of application as per law laid down by the Hon'ble Supreme Court in the judgment of Rajnesh vs. Neha and another, (2021) 2 Supreme Court Cases 324. 4. Learned counsel for the revisionist further submits that he does not want to press this revision on merits and it may be disposed of giving direction to the concerned Family Court to finally adjudicate the application under Section 125 Cr.P.C./144 BNSS expeditiously. He further submits that in the interest of justice the arrears of the maintenance amount from the date of application may be kept in abeyance till the final disposal of the pending application under section 125 Cr.P.C./144 BNSS. He further undertakes that if this Court accepts the aforesaid request of the revisionist, the revisionist will clear all the dues/arrears of the maintenance amount from the date of the order i.e. 06.08.2026 and he will also pay the interim maintenance amount to his wife regularly on monthly basis. 5. In view of above facts and circumstances and in interest of justice, without issuing notice to opposite party no.2, the order dated 06.08.2026 is modified to the extent that the arrears of interim maintenance amount starting from the date of application upto 06.08.2026 shall remain stayed till the final decision of the pending application under Section 125 Cr.P.C./144 BNSS. However, the CRLR No. 5489 of 2026 2 revisionist is directed to clear all the dues/arrears of maintenance amount from the date of the order i.e. 06.08.2026 and shall pay the maintenance amount to his wife regularly on monthly basis. 6. In case, the revisionist fails to comply with any of the aforesaid directions, the Principal Judge, Family Court, Aligarh, will be at liberty to proceed for recovery of the arrears of maintenance amount from the revisionist in terms of order dated 06.08.2026 as per prevailing law. The Principal Judge, Family Court, Aligarh is directed to pass final order on the pending application under section 125 Cr.P.C./144 BNSS, preferably within a period of six months, providing opportunity of hearing to the parties, without granting any unnecessary adjournments, in the light of law laid down by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and another, (2021) 2 Supreme Court Cases 324. 7. With the aforesaid directions, this revision is disposed of. September 9, 2026 K.Tiwari CRLR No. 5489 of 2026 3 (Praveen Kumar Giri,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad