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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5432 of 2026 Court No. - 86 HON'BLE PRAVEEN KUMAR GIRI, J.
1. Heard Sri Devesh Kumar Shukla, 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 reliefs as mentioned in the prayer clause. The prayer clause is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant revision and set aside the impugned judgment and order dated 18.08.2026, passed by the learned Principal Judge, Family Court, Prayagraj in Maintenance Case No.744 of 2024 (Astha Chaurasiya Vs. Sachin Chaurasiya) under Section 144 of the B.N.S.S. 2023 Police Station Kydeganj, District Prayagraj, whereby the learned Principal Judge, Family Court, Prayagraj has allowed the application bearing Paper No.24KA filed by the Opposite Party no.2 in Maintenance Case No.744 of 2024 (Astha Chaurasiya Vs. Sachin Chaurasiya) and directed to revisionist to pay interim maintenance of Rs.7,000/-(Rupees Seven Thousand only) per month to Opposite Party no.2 and Rs.3 ,000/- (Rupees Three Thousand only) per month to Opposite Party no.3, during the pendency of the case, with effect from 12.01.2026, i.e., from the date of the application for maintenance. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the impugned judgment and order dated 18.08.2026, passed by the learned Principal Judge, Family Court, Prayagraj in Maintenance Case No.744 of 2024 (Astha Chaurasiya Vs. Sachin Chaurasiya) under Section 144 of the B.N.S.S. 2023 Police Station Kydeganj, District Prayagraj, whereby the learned Principal Judge, Family Court, Prayagraj has allowed the application bearing Paper No.24KA filed by the Opposite Party no.2 in Maintenance Case No.744 Versus Counsel for Revisionist(s) : Devesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Sachin Chaurasiya .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s)
of 2024 (Astha Chaurasiya Vs. Sachin Chaurasiya) and directed to revisionist to pay interim maintenance of Rs.7,000/- (Rupees Seven Thousand only) per month to Opposite Party no.2 and Rs.3,000/- (Rupees Three Thousand only) per month to Opposite Party no.3, during the pendency of the case, with effect from 12.01.2026, i.e., from the date of the application for maintenance, during the pendency of the instant Criminal Revision before this Hon'ble Court, otherwise the revisionist/revisionist shall suffer irreparable loss and injury.
And/or may pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
3. Learned counsel for the revisionist, upon instructions, submits that the revisionist is ready and willing to comply with the impugned order by paying the interim maintenance and does not wish to press the present revision on merits. He, however, prays that the impugned order dated be modified to the limited extent that the interim maintenance be made payable from the date of the order instead of from the date of the application. It is further prayed that the concerned Family Court be directed to decide the proceedings under Section 125 Cr.P.C./Section 144 of the BNSS expeditiously, preferably within a period of six months from the date of production of a certified copy of this order. 4. Considering the aforesaid submission and without entering into the merits of the controversy, the impugned order is modified only to the extent that the revisionist shall pay the interim maintenance to opposite party from the date of the impugned order, i.e.,18.08.2026, instead of from the date of the application. 5. The concerned Family Court is directed to decide the proceedings under Section 125 Cr.P.C./Section 144 of BNSS expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, after affording adequate opportunity of hearing to the parties and without granting unnecessary adjournments. 6. It is made clear that while deciding the proceedings finally, the Family Court shall decide the claim for maintenance independently, in accordance with law and on the basis of the evidence on record, without being influenced by any observation made in this order.
It shall also be at liberty to determine the date from which maintenance shall be payable, in accordance with law and keeping in view the principles laid down by the Hon'ble Supreme Court in Rajnesh v. Neha and others, (2021) 2 SCC
324. CRLR No. 5432 of 2026 2
7. With the aforesaid observations and directions, the criminal revision stands disposed of. September 11, 2026 SFH (Praveen Kumar Giri,J.) CRLR No. 5432 of 2026 3 Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad