Madhulika Rai vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2026)

Madhulika Rai vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Notice issued to opposite party No. 2 to file counter affidavit (within four weeks; rejoinder within two weeks thereafter); case listed fresh on 07.07.2026; clarification that pendency of the revision does not bar execution of the maintenance order or an application under Section 127 Cr.P.C.

Issue for consideration

Whether the maintenance granted to the revisionist by order dated 11.03.2026 should be enhanced on the ground that it is not commensurate with the income of opposite party no. 2 (stated as Rs. 1,50,000/- per month).

Court's answer

The Court held that the matter requires consideration and directed issue of notice to opposite party No. 2 to file a counter affidavit.

Ratio / Principle

Counter affidavit to be filed within four weeks; rejoinder affidavit may be filed within two weeks thereafter; case to be listed fresh on 07.07.2026.

Key takeaways

It is made clear that mere pendency of the criminal revision does not preclude the concerned Court from executing its order for maintenance, nor does it preclude the wife from filing an application under Section 127 Cr.P.C. for alteration of the maintenance order in the event of change in circumstances.ratio¶21

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.), Criminal Revision No. 2552 of 2026, Madhulika Rai v. State of U.P. and Another, order dated April 27, 2026: revision by the wife seeking enhancement of the maintenance order dated 11.03.2026 passed by the Additional Principal Judge, Family Court 3rd, Deoria, in Maintenance Case No. 259 of 2015 under Section 125 Cr.P.C. Counsel for the revisionist submitted that the maintenance fixed is not commensurate with the income of opposite party no. 2, stated as Rs. 1,50,000/- per month. The Court found the matter requires consideration, issued notice to opposite party No. 2, allowed four weeks for the counter affidavit and two weeks thereafter for the rejoinder, and listed the case fresh for 07.07.2026. It clarified that mere pendency of the criminal revision neither precludes the court below from executing its maintenance order nor precludes the wife from filing an application under Section 127 Cr.P.C. for alteration of the maintenance order upon a change in circumstances.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 2552 of 2026

Madhulika Rai

.....Revisionist(s)

Versus

State of U.P. and Another

	.....Opposite Party(s)
Counsel for Revisionist(s)	: Pramod Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 87

HON'BLE PRAVEEN KUMAR GIRI, J.

Shri Pramod Kumar, learned counsel for the revisionist submits that he has filed the instant criminal revision with the relief which has been mentioned in the prayer clause of the revision.

The relief which has been mentioned in the revision is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow the revision and enhance the maintenance order dated 11.03.2026 passed by Additional Principal Judge, Family Court 3rd Deoria, in Maintenance Case No. 259 of 2015 (Madhulika Rai versus Saurabh Anand Rai), under Section 125 Cr.P.C., Police Station-Kotwali, District-Deoria, And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the revisionist shall suffer irreparable loss and injury."

Learned counsel for the revisionist submits that the amount of maintenance is not commensurate with the income of opposite party no. 2 as it is admitted fact that the income of opposite party no. 2 is 1,50,000/- per month, therefore, the impugned order is liable to be modified or set aside.

Matter requires consideration.

Issue notice to opposite party No. 2 for filing counter affidavit.

Counter affidavit shall be filed within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List this case on 07.07.2026, as fresh.

It is made clear that the mere pendency of the criminal revision does not

CRLR No. 2552 of 2026

2

preclude the concerned Court from executing its order for maintenance, nor does it preclude the wife from filing an application under Section 127 Cr.P.C. for alteration of the maintenance order in the event of change in the circumstances.

April 27, 2026 SY

(Praveen Kumar Giri,J.)

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad