Dismissed¶14

Shivnath v. State of U.P. and 2 Others

Allahabad HC20 Aug 2025CRLRD/834/2025

Case brief

AI extract

What is this about?

Allahabad High Court; CRLRD 834 of 2025; Shivnath v. State of U.P. and 2 others; delay condonation application dismissed; delay of 801 days in criminal revision; non-deposit of maintenance arrears; Section 125 Cr.P.C.; Family Court No.1 Azamgarh; order dated 19.11.2022; Case No. 46 of 2017; Kavita Devi and another Vs. Shivnath; undertaking to pay wife and minor child; non-appearance on 19th September 2025; condition of order dated 20.08.2025; Harvir Singh J.

What did the court decide?

None granted; the Order on Criminal Misc. Delay Condonation Application No. 01 of 2025 results in dismissal of the delay condonation application, with no further order passed in the criminal revision, which is consigned to record. ¶14

Shivnath vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 801 days in pressing the criminal revision should be condoned, subject to payment of the entire maintenance amount owed under the Family Court order dated 19.11.2022. +1 more

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Court's answer

The delay condonation application is dismissed in terms of the Court's earlier order dated 20.08.2025 because nothing was deposited or handed over to opposite party nos. 2 and 3 towards the entire arrears of maintenance despite counsel's recorded undertaking.

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Ratio / Principle

As the delay condonation application stands dismissed, no further order is required in the present revision, which is consigned to record.

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Detailed headnote1 paragraphs

Delay condonation dismissed — non-payment of S. 125 Cr.P.C. maintenance arrears. In Criminal Revision Defective No. 834 of 2025 (Shivnath v. State of U.P. and 2 others) before the High Court of Judicature at Allahabad (Court No. 90, Harvir Singh, J.), the Court's earlier order dated 20.08.2025 had recorded counsel's undertaking that the revisionist would pay his wife and minor child the entire maintenance amount due under the order dated 19.11.2022 of the learned Additional Principal Judge, Family Court No.1, Azamgarh (Case No. 46 of 2017, Kavita Devi and another Vs. Shivnath), under Section 125 Cr.P.C., submit the payment receipt, and only thereafter press the criminal revision for condoning the delay of 801 days. When the matter was relisted on 19th September, 2025, none appeared on behalf of the revisionist and nothing was deposited or handed over to opposite party nos. 2 and 3 towards the arrears of maintenance. Accordingly, in terms of the order dated 20.08.2025, the Criminal Misc. Delay Condonation Application No. 01 of 2025 is dismissed and no further order is required in the present revision, which is consigned to record (November 10, 2025).

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION DEFECTIVE No. - 834 of 2025

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Shivnath

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.....Revisionist(s) Versus

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State Of U.P. And 2 Others .....Opposite Party(s) Counsel for Revisionist(s) : Suneel Kumar Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 90

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HON'BLE HARVIR SINGH, J.

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Order on Criminal Misc. Delay Condonation Application No. 01 of 2025

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Heard learned counsel for the revisionist, learned A.G.A. for the State, learned counsel for the opposite party nos. 2 and 3 and perused the material on record.

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This Hon'ble Court vide order dated 20.08.2025 has passed the following order and the paragraph no. 2 of the said order is read as under:-

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"2. Learned counsel appearing for the revisionist outrightly submits that the revisionist is ready to pay the entire maintenance amount to his wife and minor child in compliance of the order dated 19.11.2022 passed by the learned Additional Principal Judge, Family Court No.1, Azamgarh in Case No. 46 of 2017 (Kavita Devi and another Vs. Shivnath), under Section 125 Cr.P.C. He undertakes that he shall submit the receipt of payment paid in favour of his wife and minor child and thereafter, he shall press the criminal revision for condoning the delay of 801 days."

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Thereafter, the matter was listed on 19th September, 2025, but none has appeared on behalf of the revisionist. However, in terms of order dated 20.08.2025 nothing has been deposited or handed over to the opposite party nos. 2 and 3 as far as the entire amount of arrears of maintenance was directed to be paid by the revisionist.

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CRLRD No. 834 of 2025

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Hence, in terms of order dated 20.08.2025, the delay condonation application is accordingly dismissed and no further order is required to be passed in the present revision.

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With the aforesaid observation, the present revision is consigned to record.

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November 10, 2025 Vikram

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(Harvir Singh,J.)

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

Shivnath v. State of U.P. and 2 Others

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Shivnath v. State of U.P. and 2 Others

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