Disposed¶16

Smt Shakuntla Devi and 4 Others v. State of U.P. and Another

Allahabad HC14 May 2026CRLR/1464/2026

Case brief

AI extract

What is this about?

Allahabad High Court; CRLR No. 1464 of 2026; Smt Shakuntla Devi v. State of U.P.; Section 125 Cr.P.C.; maintenance enhancement; rejection of wife's and daughter's maintenance claim; Family Court No.05 Prayagraj; Maintenance Case No.219 of 2012; order dated 15.12.2025 challenged; notice to husband/O.P. No.2 via Chief Judicial Magistrate; counter affidavit four weeks; rejoinder one week; next listing 24.07.2026; Praveen Kumar Giri, J.; decided 14.05.2026; interlocutory admission-stage order.

What did the court decide?

Admission-stage/interim directions only: notice to O.P. No.2 through the concerned Chief Judicial Magistrate (steps within three days); four weeks to opposite parties for counter affidavit; one week thereafter for rejoinder affidavit; case listed on 24.07.2026 as fresh. No final relief granted at this stage. ¶16

Smt Shakuntla Devi and 4 Others vs State of U.P… — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment and order dated 15.12.2025 of the Additional Principal Judge, Family Court No.05, Prayagraj in Maintenance Case No.219 of 2012 under Section 125 Cr.P.C. should be set aside to the extent of increasing the maintenance amount granted to revisionist nos. 3, 4 and 5 and granting maintenance to revisionist nos. 1 and 2 (wife and daughter).

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Ratio / Principle

The Court held that the matter requires consideration and directed that notice be issued to O.P. No.2 returnable at an early date through the concerned Chief Judicial Magistrate, with steps to be taken within three days.

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Key takeaways

Four weeks' time was granted to the opposite parties for filing counter affidavit, one week thereafter to the revisionists for rejoinder affidavit, and the case was directed to be listed on 24.07.2026 as fresh.ratio¶18

Detailed headnote1 paragraphs

Criminal Revision (CRLR No. 1464 of 2026) under Section 125 Cr.P.C. — Revisionists (wife, daughter and three others) challenge the judgment and order dated 15.12.2025 of the Additional Principal Judge, Family Court No.05, Prayagraj in Maintenance Case No.219 of 2012 (Smt. Shakuntla and others vs. Ajit Kumar), P.S. Manda, District Allahabad/Prayagraj, seeking enhancement of maintenance granted to revisionist nos. 3, 4 and 5 and grant of maintenance to revisionist nos. 1 and 2, alleging the husband's income exceeds the amount awarded. Held: matter requires consideration; notice issued to O.P. No.2 through the concerned Chief Judicial Magistrate (steps within three days); four weeks for counter affidavit, one week thereafter for rejoinder; case listed on 24.07.2026 as fresh. Interlocutory order at admission stage; no final determination on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 1464 of 2026

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Smt Shakuntla Devi And 4 Others

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.....Revisionist(s)

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Versus State of U.P. and Another .....Opposite Party(s) Counsel for Revisionist(s) : Prakash Man Tiwari, Vineet Pathak Counsel for Opposite Party(s) : G.A.

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Court No. - 87

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HON'BLE PRAVEEN KUMAR GIRI, J.

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Heard Sri Prakash Man Tiwari, learned counsel for the revisionists and Sri Shashidhar Pandey, learned A.G.A. for the State.

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Learned counsel for the revisionists submits that the instant criminal revision has been preferred with the relief which has been mentioned in the prayer clause. The relief mentioned in the prayer clause of the revision is delineated below:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this revision and set aside the judgment and order dated 15.12.2025 passed by learned Additional Principal Judge, Family Court No.05, Prayagraj in Maintenance Case No.219 of 2012 (Smt. Shakuntla and others vs. Ajit Kumar) under Section 125 Cr.P.C., Police Station Manda, District Allahabad/Prayagraj to the extent that to direct the learned Additional Principal Judge, Family Court No.05, Prayagraj to increased the maintenance amount of revisionist nos.3, 4 and 5 and also grant the maintenance amount in favour of the revisionist nos.1 and 2 in the interest of justice, otherwise the revisionists shall suffer an irreparable loss and injury, and/or may pass any other suitable order which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

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Learned counsel for the revisionist submits that the Additional Principal Judge, Family Court No.05, Prayagraj rejected the application under Section 125 Cr.P.C. of revisionist no.1/wife and revisionist

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CRLR No. 1464 of 2026

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no.2/daughter as well as insufficient amount of maintenance has been granted to revisionist nos.3, 4 and 5, while income of O.P. No.2/husband from the alleged sources is more than what has been awarded by the concerned Family Court.

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The matter requires consideration.

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Issue notice to O.P. No.2 returnable at early date through concerned Chief Judicial Magistrate. Steps be taken within three days.

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Four weeks' time is granted to the opposite parties for filing counter affidavit. One week thereafter will be available to the learned counsel for the revisionist for filing rejoinder affidavit.

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List this case on 24.07.2026 as fresh.

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(Praveen Kumar Giri,J.)

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May 14, 2026 Manish Himwan

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Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Smt Shakuntla Devi and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt Shakuntla Devi and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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What the court decided

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