Jitendra Kumar Dwivedi vs State of U.P. Thru… — Maintenance and Alimony | Allahabad HC (2026)

Jitendra Kumar Dwivedi vs State of U.P. Thru… — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interlocutory order: revision admitted; notice to respondent no.2 through CJM (steps within a week); no coercive process in execution against the revisionist provided arrears of maintenance are deposited in five monthly installments (first in March 2026, rest consecutive months); future maintenance directed at Rs.3000/- per month to respondent no.2 and Rs.2000/- per month to respondent no.3 from the date of the impugned judgment; compliance report by next date of listing. Final adjudication of the revision pending.

Issue for consideration

Whether the criminal revision against the impugned maintenance order dated 28.11.2025 requires consideration and should be admitted. +2 more

Court's answer

The criminal revision is admitted.

Ratio / Principle

Notice to be issued to respondent no.2, to be served through the CJM concerned; steps to be taken within a week.

Key takeaways

No coercive process shall be adopted against the revisionist by the court below, provided the revisionist deposits arrears of maintenance (from the date of filing of the application to the date of judgment) in five monthly installments, the first payable in March 2026 and the remaining in consecutive months.ratio¶21
The revisionist shall pay future maintenance of Rs.3000/- per month to respondent no.2 and Rs.2000/- per month to respondent no.3 from the date of the impugned judgment onwards.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Ram Manohar Narayan Mishra, J.), Criminal Revision No. 158 of 2026 decided 09.02.2026: Revision under Section 19(4) of the Family Courts Act 1984 by Jitendra Kumar Dwivedi against the order dated 28.11.2025 of Additional Principal Judge-09, Family Court, Lucknow in Criminal Case no. 1251/2021, allowing the Section 125 CrPC application of Smt. Priya Dwivedi and another and awarding maintenance — Rs.2000/- per month (09.10.2021 to 27.11.2025) and Rs.5000/- per month thereafter to the wife (opposite party no.2) for life or until remarriage, and Rs.1000/- per month (09.10.2021 to 27.11.2025) and Rs.4,000/- per month thereafter to opposite party no.3 till attainment of maturity. Revision admitted; notice to respondent no.2 through CJM; no coercive process in execution provided arrears are deposited in five monthly installments beginning March 2026; future maintenance directed at Rs.3000/- (respondent no.2) and Rs.2000/- (respondent no.3) per month from the date of the impugned judgment; compliance report by next date of listing. Interlocutory order; final disposal pending.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 158 of 2026

Jitendra Kumar Dwivedi

.....Revisionist(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

.....Opposite Party(s)

Counsel for Revisionist(s) : Km. Saumya Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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

Criminal revision under section 19 (4) of the Family Courts Act 1984 is directed against the impugned order dated 28.11.2025 passed by Additional Principal Judge-09 (Family Court), Lucknow in Criminal Case no. 1251/2021 (Smt. Priya Dwivedi and another vs. Jitendra Kumar Dwivedi) while allowing the application, u/s 125 Cr. P. C. filed by the Smt. Priya Dwivedi and others against the revisionist and the trial court allowed the said application and passed the order for the maintenance to the tune of Rs.2000/- per month from the 09.10.2021 to 27.11.2025 and Rs. 5000/- per month from the date of the judgment to opposite party no. 2 for life time or until she remarriages and order to pay maintenance of Rs. 1000/- per month from the 09.10.2021 το 27.11.2025 and Rs. 4,000 per month from the date of judgement to opposite party no.3, till the date of her attaining maturity.

Learned counsel for the revisionist submits that respondent no.2, who is the wife of the revisonist has exaggerated income of the revisionist in maintenance petition. Revisionist works as Home Guard and his office situates in Ashiyana Lucknow. He has to drive a local long distance to join his duty . He has to maintain his ailing dependent mother. He owns a small chunk of 'Bunjer' land through which no income is derived. Respondent no.2 herself deserted him without any sufficient cause and her claim for maintenance is barred under Section 125 Cr.P.C., but the same has not been duly considered by the court below.

Learned counsel for the revisionist prays for issuing some interim order in the matter to avoid any coercive process which is likely to be issued against him by the court below in execution proceedings.

The matter requires consideration.

CRLR No. 158 of 2026

2

Admit.

Issue notice to respondent no.2 which shall be served through CJM concerned.

Steps be taken within a week.

It is directed that no coercive process shall be adopted against the revisionist by the court below provided the revisionist deposits arrears of maintenance to the respondent no.2 from the date of filing of the application to the date of judgment in five monthly installments out of which first installment shall be payable in March, 2026 and remaining installments shall be payable in consecutive months. The revisionist shall continue to pay Rs.3000/- as future maintenance to respondent no.2 and Rs. 2000/- as future maintenance to respondent no.3 from the date of impugned judgment onwards.

The compliance report shall be filed by learned counsel for the revisionist by the next date of listing.

February 9, 2026 dk/

(Ram Manohar Narayan Mishra,J.)

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench