Disposed

Vishambhar Nath Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC18 Feb 2026CRLR/195/2026

Case brief

AI extract

What is this about?

Pensioner railway employee challenged a Family Court order enhancing maintenance under Section 127 Cr.P.C. for his wife. The High Court admitted the revision, issued notice to the wife, and granted interim protection from coercive process subject to payment of half the arrears and continuing monthly maintenance.

What did the court decide?

Revision admitted and notice issued; no coercive process against revisionist conditional on depositing half the arrears in installments and paying Rs.4,000/- per month maintenance.

Vishambhar Nath Singh vs State of U.P. Thru. Prin… — Maintenance and Alimony | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL REVISION No. - 195 of 2026

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Vishambhar Nath Singh

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.....Revisionist(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Revisionist(s) : Sharad Nandan Ojha, Akhand Pratap Singh 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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Heard learned counsel for the revisionist and learned A.G.A. for the State.

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Instant criminal revision has been preferred against the judgment and order dated 11.11.2025 passed by learned Additional Principal Judge, Family Court-II, Pratapgarh in Misc. Case No.514 of 2009 "Smt. Urmila Devi and others Vs. Vishambhar Nath Singh", allowing the application under Section 127 of Cr.P.C. of the opposite party no.2.

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Learned counsel for the revisionist submitted that the revisionist is pensioner who is working as Khalasi in the Railways at Gwalior, having retired in the year 2022. Now, he is dependent on his pension. Initially, opposite party no.2 filed an application for maintenance as maintenance Case No.11087 of 2003 under Section 125 Cr.P.C. before the Court of A.C.J.M., seeking maintenance for herself as well as for her 5 children who became major during the pendency of said maintenance case but nevertheless, the learned court below allowed the maintenance application, vide order dated 04.01.2005 and awarded Rs.500/- as maintenance to each of the applicants, totaling Rs.3,000/- per month. However, even then, the revisionist was paying maintenance to the applicants in pursuance of the earlier order dated 04.01.2005. Subsequently, she filed an application under Section 127 Cr.P.C. as

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CRLR No. 195 of 2026

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miscellaneous Case No.514 of 2009 alongwith her 3 children who had already become major. The learned court below has awarded Rs.4,000/as maintenance from the date of filing of the application under Section 127 Cr.P.C. in the year 2009 to opposite party no.2 only.

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He next submitted that the shared household has already been occupied by opposite party no.2 and her children and the revisionist is living a pathetic life as he is dislodged from his own house by opposite party no.2.

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Matter requires consideration.

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Admit.

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Issue notice to opposite party no.2 which shall be served through C.J.M. concerned, returnable at an early date.

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Steps within a week.

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It is directed that no coercive process shall be adopted against the revisionist, provided that he deposits or pays to opposite party no.2, half of the amount of maintenance from the date of filing of the petition to the date of judgment in six monthly installments, out of which the first installment will be payable in March, 2026 and the remaining installments will be followed in succeeding months. Apart from that, he will pay and continue to pay maintenance to opposite party no.2 @ Rs.4,000/- per month, as directed by learned court below on regular basis. Any amount paid or deposited by the revisionist towards the earlier maintenance order shall be liable to adjustment towards arrears of maintenance.

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List on 24.04.2026.

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(Ram Manohar Narayan Mishra,J.)

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February 18, 2026

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Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Vishambhar Nath Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Vishambhar Nath Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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