HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5674 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard Sri Harish Chandra Shukla, along with Sri Santosh Kumar Tiwari, learned counsel for the revisionist, and learned A.G.A. for the State. 2. Learned counsel for the revisionist submits that the present criminal revision has been filed seeking the relief as mentioned in the prayer clause of this criminal revision. The prayer clause is delineated below:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this criminal revision, set-aside the Judgment and order dated 30.07.2026, passed by learned Third Additional Principle Judge, Family court Kanpur Nagar, while deciding the case of the revisionist/applicant, filed under section 125 (4) Cr.P.C. as an application 33 (Ga) equally for the positive directions suggested by procedure applicable under section 125 (4) Cr.P.C. to hold that revisionist's wife living separately without any sufficient reason has по case for maintenance, during the pendency of present criminal revision before this Hon'ble Court. And/or this Hon'ble Court may be pleased to pass such order or further orders which this Hon'ble Court may deem fit looking into the facts and circumstances of the case." 3. Learned counsel for the revisionist further submits that the wife has filed an application under Section 125 Cr.P.C./Section 144 BNSS, seeking maintenance in her favour, whereas the husband has objected that the wife is not entitled to any maintenance, as she is living in adultery. The said objection has been raised by way of an application. 4. Learned counsel for the revisionist further submits that, as yet, no order granting interim maintenance or final maintenance has been passed. He Versus Counsel for Revisionist(s) : Harish Chandra Shukla, Santosh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Gaurav Trivedi .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) further submits that the learned Trial Court may be directed to provide an opportunity of hearing to the revisionist-husband to establish the allegation of adultery against the wife while considering the application for interim or final maintenance, as the case may be. 5. Having heard the learned counsel for the revisionist, the Trial Court is directed to provide an opportunity of hearing to the revisionist to establish the allegation of adultery against the wife in the trial proceedings, in accordance with law, and thereafter pass an appropriate order regarding interim maintenance or final maintenance, as the case may be. 6. This Court further directs the learned Trial Court to conclude the trial proceedings, preferably within a period of six months, after providing opportunity of hearing to the parties, in accordance with law as well as the law laid down by Hon'ble the Supreme Court in Rajnesh v. Neha and others, (2021) 2 SCC 324. 7. With the aforesaid observations and directions, the present criminal revision is disposed of. September 14, 2026 DKS CRLR No. 5674 of 2026 2 (Praveen Kumar Giri,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad