Disposed¶22

Kayamuddin v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Allahabad HC10 Feb 2026CRLR/149/2026

Case brief

AI extract

What is this about?

Section 125 CrPC interim maintenance wife three minor children Rs.4,500 per month; recovery warrant Rs.88,500; non-bailable warrant arrest and release on deposit of Rs.32,000; conditional stay of execution of recovery warrant on 40% deposit; CRLR No. 149 of 2026, Kayamuddin versus State of U.P.; Allahabad High Court Lucknow Bench; Ram Manohar Narayan Mishra, J.; February 10, 2026; notice to respondent nos. 2 to 5; listing 30.3.2026; admission order, no merits decided.

What did the court decide?

Criminal revision admitted; notice to respondent nos. 2 to 5 returnable at an early date with steps to be taken within a week; execution of the recovery warrant stayed till the next date of listing subject to deposit of 40% of the remaining recovery-warrant amount within two weeks; matter listed on 30.3.2026. ¶22

Kayamuddin vs State of U.P. Thru. Prin. Secy. Home… — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 12.01.2026, the original ex parte order dated 02.5.2023 under section 125 CrPC, and the recovery warrant dated 11.7.2025 issued by the learned court below should be set aside/quashed.

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Court's answer

Interim direction: execution of the recovery warrant issued against the revisionist shall remain stayed till the next date of listing, subject to the revisionist depositing 40% of the remaining amount of the recovery warrant within two weeks as stated in the order dated 12.01.2026 of the court below; the revision was admitted, notice was issued to respondent nos. 2 to 5, and the matter was listed on 30.3.2026. No adjudication on the merits of the challenge to the maintenance orders.

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Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), CRLR No. 149 of 2026, decided February 10, 2026 (Ram Manohar Narayan Mishra, J.) — Criminal revision by the husband against orders in maintenance proceedings under section 125 CrPC. Respondent no.2, the revisionist's wife, filed a maintenance application on 22.4.2022; by ex parte order dated 02.5.2023 the court below granted interim maintenance of Rs.1500/- per month to the wife and Rs.1,000/- per month to each of her three minor children (total Rs.4,500/- per month). A recovery warrant for Rs.88,500 was issued on 11.7.2025; a non-bailable warrant led to the revisionist's arrest, and he was released after depositing Rs.32,000/- before the court below. By order dated 12.01.2026 the court below directed that the recovery warrant would remain stayed on payment of 40% of the said amount. The High Court admitted the revision, issued notice to respondent nos. 2 to 5 (steps within a week), and directed that execution of the recovery warrant shall remain stayed till the next date of listing if the revisionist deposits 40% of the remaining amount within two weeks; matter listed on 30.3.2026. Interim order; no adjudication on the validity of the maintenance orders or the recovery warrant.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL REVISION No. - 149 of 2026

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Kayamuddin

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.....Revisionist(s)

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Versus State Of U.P. Thru. Prin. Secy. Home Lko And 4 Others .....Opposite Party(s) Counsel for Revisionist(s) : Ved Prakash Yadav, Girjesh Kumar Yadav, Neha Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 27

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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By means of the instant criminal revision revisionist prayed for setting aside impugned order dated 12.01.2026 as well as original ex parte order dated 02.5.2023 under section 125 CrPC and quashment of recovery warrant dated 11.7.2025 issued by the learned court below.

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Heard learned counsel for the revisionist, learned A.G.A. and perused the record.

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Learned counsel for the revisionist submitted that the respondent no.2 is wife of the revisionist. She filed a maintenance application under section 125 CrPC on 22.4.2022.

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Learned court below vide impugned order dated 02.5.2023 allowed interim maintenance to the applicants, the wife and her three minor children @ Rs.1500/- per month and Rs.1,000/- per month each respectively. Thus, total interim maintenance has been awarded as Rs.4,500/- per month to the applicants.

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He next submitted that a recovery warrant has been issued for Rs.88,500. Learned court below in order dated 12.01.2026 has directed the revisionist that if the revisionist pays 40% of the said amount to the applicants, recovery warrant shall remain stayed.

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He next submitted that revisionist has already paid Rs.32,000/- and is ready to pay 40% of remaining amount of recovery warrant.

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He further submitted that learned court below has wrongly issued non bailable warrant against the appellant which is against law and revisionist was arrested by the police and after deposit of Rs.32,000/- before the court below he was

CRLR No. 149 of 2026

released.

Matter requires consideration.

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Admit.

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Issue notice to respondent no.2 to 5 returnable at an early date.

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Steps be taken within a week.

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List on 30.3.2026. It is directed that if the revisionist deposits 40% of remaining amount of the recovery warrant within two weeks as stated in the order dated 12.01.2026, the execution of recovery warrant issued against the revisionist shall remain stayed till the next date of listing.

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February 10, 2026 mks

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(Ram Manohar Narayan Mishra,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Kayamuddin v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Case brief

What is this about?

What did the court decide?

Kayamuddin v. State of U.P. Thru. Prin. Secy. Home Lko and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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