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Smt. Nilima Gautam and Another v. Girjesh Kumar

Allahabad HC5 Feb 2026CRLR/140/2026

Case brief

AI extract

What is this about?

Maintenance; Section 125 Cr.P.C.; minor child maintenance; wife's independent source of income; teacher salary Rs.15,000; Sukraji Devi Public School, Fazilpur, Ambedkar Nagar; Family Court order dated 18-12-2025; Criminal Miscellaneous Case no. 224 of 2021; divorce decree under Section 13 Hindu Marriage Act; appeal pending; admission stage; notice through C.D.M.; listed 27.03.2026; Allahabad High Court Lucknow Bench; Criminal Revision 140 of 2026; Nilima Gautam v. Girjesh Kumar; Kumari Gaurvi Gautam.

What did the court decide?

Criminal revision admitted; notice to the respondent to be served through the concerned C.D.M., returnable at an early date; steps within a week; matter listed on 27.03.2026 as fresh. ¶16

Smt. Nilima Gautam and Another vs Girjesh Kumar — Maintenance and Alimony | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL REVISION No. - 140 of 2026

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Smt. Nilima Gautam And Another

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.....Revisionist(s)

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	Versus
Girjesh Kumar		.....Opposite Party(s)
Counsel for Revisionist(s) Counsel for Opposite Party(s)	: Vivek Kumar Tripathi, Mishra, Ujjwal Mishra :	Arpit Kumar

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Court No. - 27

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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Learned Counsel for the revisionists and perused the record.

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The instant Criminal Revision has been preferred against the judgment and order dated 18-12-2025 passed by the learned Principal Judge, Family Court, Ambedkar Nagar, in Criminal Miscellaneous Case no. 224 of 2021. Whereby the application under Section 125 Cr.P.C. filed by the revisionist before the Court below, has been dismissed on the ground that she is employed as a teacher in Sukraji Devi Public School, Fazilpur, Ambedkar Nagar and draws Rs.15,000 as salary from the said school.

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Learned Counsel for the Revisionists submitted that the learned Trial Court below has not awarded any maintenance to applicant no.2 , Kumari Gaurvi Gautam, who was born out of her wedlock with respondent no.2. Even if the wife has an independent source of income, the husband cannot be absolved from his responsibility to maintain his minor children. The Learned Court below has wrongly observed that the applicant no.1 is residing at her parental place out of the said employment. She was not the victim of matrimonial cruelty or a demand of dowry. The same learned judge has granted a decree of divorce on the petition of respondent against the revisionist under Section 13 of the Hindu Marriage Act on 18-12-2025 and an appeal against the said judgment is pending before this court. He also submitted that there is no evidence on record regarding the employment of the revisionist in the said school, and the said finding is

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CRLR No. 140 of 2026

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based on the oral statement of respondent no.2.

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The matter requires consideration

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Admit.

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Issue notice to respondent which shall be served through the C.D.M. concerned returnable at an early date.

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