HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5517 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Mr. Mohd Shamim Khan, learned counsel for the revisionist and Mr. Pankaj Kumar, 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 quash the impugned order dated 30.07.2026, passed by the Additional Principal Judge, Family Court No.3, Muzaffarnagar, in Case No. 1392 of 2024 (Smt. Nagma and another Vs. Mohd. Faizi), Under section 144 B.N.S.S. It is further prayed that during the pendency of the present revision stay the further proceeding of Case No. 1392 of 2024 (Smt. Nagma and another Vs. Mohd. Faizi), Under section 144 B.N.S.S." 3. Learned counsel for the revisionist submits that the Additional Principal Judge, Family Court, Muzaffarnagar vide order dated 30.07.2026 directed the revisionist to pay Rs. 7000/- per month to his wife/opposite party no.2 as an interim maintenance from the date of application i.e. 09.01.2025. He further submits that the amount of interim maintenance does not commensurate with the income of the revisionist. He further submits that no evidence has yet been adduced by Versus Counsel for Revisionist(s) : Mohd Shamim Khan Counsel for Opposite Party(s) : G.A. Mohd. Faizi .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) the revisionist, nor has any opportunity of hearing been given to the revisionist, even then, interim maintenance to the tune of Rs.7,000/- 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 nos.2 and 3 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. 30.07.2026 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 nos.2 and 3, the order dated 30.07.2026 is modified to the extent that the arrears of interim maintenance amount starting from the date of application i.e. 09.01.2025 upto 30.07.2026 shall remain stayed till the final decision of the pending application under Section 125 Cr.P.C./144 BNSS. However, the revisionist is directed to clear all the dues/arrears of maintenance amount from the date of the order i.e. 30.07.2026 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 Additional Principal Judge, Family Court, Muzaffarnagar, will be at liberty to proceed for recovery of the arrears of maintenance amount from the revisionist in terms of order dated 30.07.2026 as per CRLR No. 5517 of 2026 2 prevailing law. The Additional Principal Judge, Family Court, Muzaffarnagar 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. 5517 of 2026 3 (Praveen Kumar Giri,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad