Ajay Kumar vs State of U.P. Thru. Prin. Secy. Home… — Domestic Violence | Allahabad HC (2026)

Ajay Kumar vs State of U.P. Thru. Prin. Secy. Home… — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Revision admitted; notice to respondent/opposite party no.2 through C.J.M., returnable at an early date (steps within ten days); no coercive process against the revisionist provided he pays Rs. 4,000/- per month maintenance pursuant to the impugned order from 07.06.2022, arrears (07.06.2022 to April 2026) payable @ Rs. 4,000/- per month in four equal monthly installments, first installment due 10.05.2026; compliance affidavit to be filed on next date, failing which the interim order may be vacated; listed fresh on 27.05.2026. Substantive challenge to the maintenance awards left open.

Issue for consideration

Whether the interim maintenance of Rs. 6,000/- per month awarded under Section 23(2) PWDVA (upheld in appeal on 21.02.2026) should be interfered with in revision, given the revisionist's plea that he already pays Rs. 2,500/- per month under the family court's order dated 19.08.2019 in Section 125 Cr.P.C. proceedings, cannot pay both awards due to financial constraints, and the earlier Section 125 proceedings were not disclosed in the Section 23(2) application. +1 more

Ratio / Principle

Interim direction: no coercive process shall be adopted against the revisionist provided he pays and continues to pay Rs. 4,000/- per month as maintenance in pursuance of the impugned order on a regular basis to the applicants from 07.06.2022; arrears from 07.06.2022 to April 2026 payable @ Rs. 4,000/- per month in four equal monthly installments, first installment due 10.05.2026.

Key takeaways

The revisionist shall file his compliance affidavit regarding the interim order on the next date, failing which the interim order may be vacated.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 27 - Criminal Revision No. 381 of 2026, decided April 3, 2026 (Ram Manohar Narayan Mishra, J.). Revision admitted against (i) judgment/order dated 21.02.2026 of Additional District & Sessions Judge, Court No.3, Sultanpur dismissing Criminal Appeal No.46 of 2022 under Section 29 PWDVA, and (ii) the underlying interim maintenance order dated 07.06.2022 of Civil Judge (J.D.) FTC, Sultanpur (Crl. Case No.227 of 2021, Section 23 PWDVA) awarding Rs. 3,000/- to the wife and Rs. 1,500/- per minor child (total Rs. 6,000/-) under Section 23(2) PWDVA, 2005. Interim direction: no coercive process against the revisionist provided he pays Rs. 4,000/- per month (from 07.06.2022) towards the impugned maintenance, arrears to April 2026 payable in four equal monthly installments, first due 10.05.2026; compliance affidavit on next date, failing which the interim order may be vacated; listed fresh for 27.05.2026. Substantive contention - that the revisionist already pays Rs. 2,500/- p.m. under Section 125 Cr.P.C. (family court order dated 19.08.2019; execution under Section 128 Cr.P.C.), cannot pay both awards due to financial constraints, and the earlier Section 125 proceedings were not disclosed in the Section 23(2) application - left open for final disposal. Counsel: Narendra Pratap Mishra for revisionist; G.A. for State.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 381 of 2026

Ajay Kumar

.....Revisionist(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s)

Counsel for Revisionist(s) : Narendra Pratap Mishra 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.

Instant criminal revision has been preferred against the judgment and order dated 21.02.2026 passed by learned Additional District & Sessions Judge, Court No.3, Sultanpur in Criminal Appeal No.46 of 2022, under Section 29 of Protection of Women from Domestic Violence Act and order dated 07.06.2022 passed by Civil Judge (J.D.) FTC, Mahilaon ke Virudha Apradh ka Vicharan, District Sultanpur in Crl. Case No.227 of 2021 under Section 23 of Domestic Violence Act.

By impugned order, the learned court below has awarded Rs. 3,000/maintenance to the applicant number 1 and Rs. 1,500/- to each of her minor children, totaling Rs. 6,000/- interim maintenance under Section 23(2), Protection of Women from Domestic Violence Act, 2005. The revisionist assailed said interim maintenance order under Section 29 of the Act before the Court of Session in criminal appeal, which has been dismissed by the Additional Session Judge on 21.02.2026.

Learned counsel for the revisionist submitted that the revisionist is a laborer by profession. Earlier, in proceedings under Section 125 Cr.P.C. instituted by the respondent/ opposite party nos. 2 to 4 against the revisionist, under section 125 Cr.P.C., the family court vide judgment and

CRLR No. 381 of 2026

2

order dated 19.08.2019 awarded total Rs. 2,500/- maintenance to the present respondents and after filing of execution application under section 128 Cr.P.C. by the applicants, the revisionist has been paying the said amount of maintenance to them, as awarded in the order dated 19.08.2019. He is not in a position to pay maintenance awarded in both proceedings to the respondents due to financial constraints. Inasmuch as the application under section 123(2) of the Act, the fact and fate of the earlier proceedings under section 125 Cr.P.C. were not disclosed by the applicants.

Admit.

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

Steps within ten days.

List on 27.05.2026, as fresh.

It is directed that no coercive process shall be adopted against the revisionist, provided that he pays and continue to pay Rs. 4,000/- per month as maintenance in pursuance of the impugned order on a regular basis to the applicants from the date of the order dated 07.06.2022, arrear from 07.06.2022 to April, 2026 will be payable @ Rs. 4,000/- per month in four equal monthly installments and the first installment will be due on 10.05.2026.

The revisionist shall file his compliance affidavit regarding the instant interim order on the next date, failing which, the interim order may be vacated.

(Ram Manohar Narayan Mishra,J.)

April 3, 2026

Mohd. Sharif

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