Lalit Kumar vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2025)

Lalit Kumar vs State of U.P. and 3 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: notice to respondent No.2 through the CJM; till the next date of listing (28.04.2025) no coercive process against the revisionist, conditional on deposit of the maintenance arrears (from the date of filing of the application till February, 2025) in five installments, the first payable on 20.03.2025 with subsequent installments in succeeding months; continued monthly payment of maintenance to applicant/respondent No.2 from March, 2025 pursuant to the impugned order; compliance affidavit to be filed on the next date. The revision itself was not finally adjudicated and is listed fresh on 28.04.2025.

Issue for consideration

Whether the revisionist, who states he is a labourer of meagre economic resources and unable to pay the arrears of maintenance in one stretch, may be permitted to pay the arrears in installments by way of an interim order. +1 more

Ratio / Principle

Interim direction that till the next date of listing no coercive process shall be adopted against the revisionist, provided he deposits the arrear of maintenance from the date of filing of the application till February, 2025 in five installments, the first payable on 20.03.2025 and subsequent installments following in succeeding months.

Key takeaways

The revisionist is to keep on paying maintenance to the applicant/respondent No.2 from March, 2025 onwards on a monthly basis pursuant to the impugned order.ratio¶11
Notice to be issued to respondent No.2, returnable at an early date, through the CJM concerned.ratio¶8
The revisionist is directed to file a compliance affidavit on the next date.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 80 (Hon'ble Ram Manohar Narayan Mishra, J.), interim order dated 10.3.2025 in Criminal Revision No. 1067 of 2025 — Lalit Kumar (revisionist) v. State of U.P. and 3 others — against the order dated 23.12.2024 of the Principal Judge, Family Court, Kasganj in Criminal Misc. Case No.547 of 2020 under Section 125 Cr.P.C. (P.S. Amarpur, District Kasganj). Counsel for the revisionist submitted that the revisionist, a labourer of meagre economic resources, could not pay the arrears of maintenance in one stretch and sought payment in installments. The Court directed issue of notice to respondent No.2 through the CJM concerned and ordered that till the next date of listing (28.04.2025) no coercive process shall be adopted against the revisionist provided he deposits the arrear of maintenance from the date of filing of the application till February, 2025 in five installments, the first payable on 20.03.2025 and subsequent installments following in succeeding months; the revisionist is further to keep paying monthly maintenance to the applicant/respondent No.2 from March, 2025 pursuant to the impugned order and to file a compliance affidavit on the next date. Interim directions only; final adjudication of the revision deferred to 28.04.2025.

Court No. - 80

Case :- CRIMINAL REVISION No. - 1067 of 2025

Revisionist :- Lalit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Rajendra Prasad Shukla Counsel for Opposite Party :- G.A.

Hon'ble Ram Manohar Narayan Mishra,J.

Instant criminal revision has been filed against the order dated 23.12.2024 passed by Principal Judge, Family Court, Kasganj in Criminal Misc. Case No.547 of 2020, under Section 125 Cr.P.C., Police Station Amarpur, District Kasganj.

Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent and perused the material available on record. Learned counsel for the revisionist submits that revisionist is a labourer by profession and he is a man of meagre economic resources. He is not able to pay the arrear of maintenance in one stretch, therefore, some interim order may kindly be passed with regard to payment of arrears in installments.

Learned counsel for the revisionist further submitted that out of two daughters born out of wedlock of parties, one daughter is living with her father and other with the mother.

Issue notice to respondent No.2, returnable at an early date, through CJM concerned.

List this case as fresh on 28.04.2025.

Till the next date of listing no coercive process shall be adopted against the revisionist, provided that if he deposits the arrear of maintenance from the date of filing of application till February, 2025 in five installments. First installment will be payable on 20.03.2025 and subsequent installments will follow in succeeding months.

Apart from that revisionist will keep on paying maintenance to the applicant/respondent No.2 from March, 2025 on wards on monthly basis pursuant to the impugned order.

The revisionist is directed to file compliance affidavit on the next date.

Order Date :- 10.3.2025 Ashish/-

Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad