Criminal revision against an interim maintenance order under Section 125 CrPC. During pendency, the Family Court decided the maintenance case itself; counsel agreed the revision was infructuous and the High Court dismissed it.
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Neutral Citation No. - 2025:AHC:15161
Court No. - 80
Case :- CRIMINAL REVISION No. - 4386 of 2024
Revisionist :- Santosh Kumar Maurya Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Kalp Dev Mishra Counsel for Opposite Party :- Ajit Kumar,G.A.,Satya Prakash Singh
Hon'ble Ram Manohar Narayan Mishra,J.
Counter affidavit filed today by counsel for the respondent No.2 is taken on record.
Heard learned counsel for the revisionist, learned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material available on record.
Learned counsel for the respondent No.2 submitted that instant criminal revision has been preferred against grant of interim maintenance to the original applicant by the learned Principal Judge Family Court, Kanpur Nagar in maintenance case No.1003 of 2019 Smt. Alpana Maurya Vs. Santosh Kumar Maurya in maintenance case under Section 125 Cr.P.C..
However, during the pendency of present criminal revision, the maintenance case has itself been decided by learned court below and now in changed circumstances the revision has become infructuous.
Due to changed circumstances he further submitted that a certified copy of judgment and order passed by learned Additional Principal Judge, Family Court, Court No.1, Kanpur Nagar dated 03.08.2024 filed today through counter affidavit, as annexure No.,C.A.1 to the counter affidavit.
Leaned counsel for the revisionist, raised no objection to the contention made by learned counsel for the respondent No.2.
Accordingly, the criminal revision stands dismissed as infructuous.
Order Date :- 4.2.2025 Ashish/-
Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal revision challenging interim maintenance remained live after the maintenance case itself had been decided by the Family Court.
1 provisions across 1 enactments
State Of U.P.
Alpana Maurya
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
