Ashish Trivedi vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Ashish Trivedi vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief at admission stage: no coercive action against the revisionist till the next date of listing (27.4.2025), conditional on his depositing/paying half of the arrears of maintenance within two months and continuing to pay Rs. 10,000/- per month towards maintenance from February 2025 onwards; affidavit of compliance by the next date; interim order to stand vacated on non-compliance.

Issue for consideration

Whether interim protection from coercive action for recovery of maintenance arrears should be granted to the revisionist pending disposal of the criminal revision. +1 more

Court's answer

Interim order: till the next date of listing, no coercive action shall be taken against the revisionist provided he deposits/pays half of the arrears of maintenance within two months; he shall keep on paying Rs. 10,000/- per month towards maintenance from February 2025 onwards regularly; any amount paid towards maintenance shall be adjusted.

Ratio / Principle

The criminal revision is admitted.

Key takeaways

The present revision is to be connected with Criminal Revision No. 2280 of 2024 and listed on 27.4.2025.ratio¶12
An affidavit of compliance shall be filed by the revisionist by the next date of listing.ratio¶14
In case of non-compliance with the conditions stipulated in the order, the interim order granted in favour of the revisionist shall stand vacated.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Ram Manohar Narayan Mishra, J.), order dated 18.2.2025 in Criminal Revision No. 2151 of 2024 (Ashish Trivedi v. State of U.P. and another): revision admitted against the order dated 2.2.2024 of the Additional Principal Judge, Family Court, Jhansi (Criminal Misc. Case No. 936 of 2019) allowing the Section 125 CrPC maintenance claim of the revisionist's minor daughter (through her mother Jyoti Trivedi) at Rs. 10,000/- per month from 11.12.2019. Interim order: until the next listing on 27.4.2025 (connected with Criminal Revision No. 2280 of 2024 filed by the daughter for enhancement of maintenance), no coercive action against the revisionist, conditioned on his depositing/paying half of the arrears within two months and continuing monthly payments of Rs. 10,000/- from February 2025 onwards, with adjustment of amounts paid; affidavit of compliance by the next date; default vacates the interim protection.

Court No. - 80

Case :- CRIMINAL REVISION No. - 2151 of 2024

Revisionist :- Ashish Trivedi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dhirendra Bahadur Singh Counsel for Opposite Party :- G.A.,Pt. S.P. Sharma

Hon'ble Ram Manohar Narayan Mishra,J.

Heard learned counsel for the revisionist, learned counsel for opposite party no. 2 and learned AGA for the State.

The instant criminal revision has been preferred against the order dated 2.2.2024 passed by Additional Principal Judge, Family Court, Jhansi in Criminal Misc. Case No. 936 of 2019 (Aadrika Versus Ashish Trivedi), whereby the application filed by opposite party no. 2 through her mother Jyoti Trivedi, claiming maintenance under Section 125 CrPC has been allowed and the revisionist has been directed to pay Rs. 10,000/- per month to opposite party no. 2 through her mother Jyoti Trivedi as maintenance from the date of filing of application for maintenance, i. e. 11.12.2019.

Learned counsel for opposite party no. 2 has submitted that another criminal revision has been preferred by opposite party no. 2 for enhancement of maintenance awarded to opposite party no. 2, being Criminal Revision No. 2280 of 2024 (Aadrika Versus State of U. P. and another), therefore, the same may be connected with the present revision, as having been arisen from the same order.

Learned counsel for the revisionist submits that revisionist has been directed to pay Rs. 10,000/- per month to his minor daughter from the date of filing of application for maintenance, as such huge arrears is liable to be paid by revisionist and recovery proceedings are under way, therefore, some interim order may kindly be passed.

Per contra, learned counsel for opposite party no 2 submits that arrears of maintenance for forty nine months is due to be paid.

Matter requires consideration.

Admit.

Connect and list on 27.4.2025 along with Criminal Revision No. 2280 of 2024 (Aadrika Versus State of U. P. and another).

Till the next date of listing, no coercive action shall be taken against the revisionist provided he deposits / pays half of the arrears of maintenance within two months from today. Apart from that, revisionist shall keep on paying Rs. 10,000/- per month towards maintenance from February, 2025 onwards regularly. Any amount paid towards maintenance shall be adjusted.

Affidavit of compliance shall be filed by the revisionist by the next date.

In case of non-compliance of the conditions stipulated in this order, the interim order granted in favour of the revisionist shall stand vacated.

Order Date :- 18.2.2025

HR

Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad