Nitin Saini vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2026)

Nitin Saini vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim course directed: notice issued to opposite party No.2 for counter affidavit within four weeks, rejoinder within two weeks thereafter, and the case listed on 24.7.2026; the principal prayer to quash the Family Court order dated 12.02.2026 remains undecided. Clarified that pendency of the revision does not bar execution of the maintenance order or a Section 127 Cr.P.C. application.

Issue for consideration

Whether the order dated 12.02.2026 passed by the Additional Principal Judge, Family Court No.2, Meerut in Case No. 173 of 2019 under Section 125 Cr.P.C. should be quashed/set aside (as prayed in the revision). +1 more

Court's answer

Notice was issued to opposite party No.2 to file a counter affidavit within four weeks; the revisionist may file a rejoinder affidavit within two weeks thereafter.

Key takeaways

The 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 a change in circumstances.obiter¶14

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Praveen Kumar Giri, J.), Criminal Revision No. 2683 of 2026 — Nitin Saini v. State of U.P. and 2 Others, decided 15 May 2026. Revision directed against the order dated 12.02.2026 of the Additional Principal Judge, Family Court No.2, Meerut in Case No. 173 of 2019 (Smt. Seema and another v. Nitin Saini) under Section 125 Cr.P.C. (maintenance), P.S. Inchauli, District Meerut. No one appeared for the revisionist even in the revised list. The Court, on perusal of the record with the assistance of the learned A.G.A., issued notice to opposite party No.2 returnable with a counter affidavit within four weeks, permitted a rejoinder within two weeks thereafter, and listed the matter for 24.7.2026. The Court clarified that the mere pendency of the criminal revision does not preclude the concerned Court from executing its maintenance order, nor 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. - 2683 of 2026

Nitin Saini

.....Revisionist(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s)

Counsel for Revisionist(s)	: Satyam Narayan
Counsel for Opposite Party(s)	: G.A.
Court No.- 87

HON'BLE PRAVEEN KUMAR GIRI, J.

No one appeared on behalf of the revisionist even in the revised list, nor was the case mentioned as an urgent matter in the morning.

This Court has perused the material available on record with the assistance of learned A.G.A. for the State. The present criminal revision has been filed seeking relief as mentioned in the prayer clause. The prayer clause is delineated below:-

"It is, therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this revision and further be pleased to quash/set aside the order dated 12.02.2026 passed by Additional Principal Judge, Family Court No.2, Meerut in Case No. 173 of 2019 under section 125 of Cr.P.C., (Smt. Seema and another Vs Nitin Saini) P.S. Inchauli, District Meerut District Meerut., so that justice may be done.And/Or to pass such other and further order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."

Issue notice to the opposite party No.2 for filing counter affidavit within a period of four weeks from today. The revisionist may file rejoinder affidavit within two weeks, thereafter.

List this case on 24.7.2026.

It is made clear that the 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 a change in circumstances.

May 15, 2026 DKS

(Praveen Kumar Giri,J.)

Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad