Ramesh Chandra Srivastava vs State of U.P. and 2… — Maintenance and Alimony | Allahabad HC (2026)

Ramesh Chandra Srivastava vs State of U.P. and 2… — Maintenance and Alimony | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only; final decision reserved. The impugned order dated 30.08.2025 was kept in abeyance till the next date of listing (09.02.2026), conditional on the revisionist continuing to pay Rs. 10,000/- per month to opposite party no. 2 (wife) and Rs. 7,000/- per month to opposite party no. 3 (minor son), with automatic vacation of the interim protection on default; notice issued to opposite party no. 2 and matter listed fresh on 09.02.2026.

Issue for consideration

Whether the impugned judgment and order dated 30.08.2025 of the Principal Judge, Family Court, Agra in Case No. 1414 of 2024, awarding interim maintenance under Section 144 BNSS, 2023 to opposite party nos. 2 and 3, should be set aside (counsel for the revisionist urging the award is excessive/exorbitant and was made without assessing the revisionist's income).

Court's answer

Notice was issued to opposite party no. 2, returnable at an early date, with steps to be taken within one week.

Ratio / Principle

Learned counsel for the opposite parties was permitted to file their counter affidavit within three weeks, with any rejoinder affidavit within one week thereafter.

Key takeaways

The matter was put up for further hearing as fresh on 09.02.2026.ratio¶19
Till the next date of listing, the order dated 30.08.2025 passed by the Principal Judge, Family Court, Agra in Case No. 1414 of 2024 shall be kept in abeyance, provided the revisionist continues to pay monthly maintenance of Rs. 10,000/- to opposite party no. 2 (wife) and Rs. 7,000/- to opposite party no. 3 (minor son).ratio¶20
In case of default by the revisionist, the interim protection granted shall automatically stand vacated.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Madan Pal Singh, J.), Criminal Revision No. 7805 of 2025, Ramesh Chandra Srivastava v. State of U.P. and 2 Others (decided January 5, 2026): Revision against the judgment and order dated 30.08.2025 of the Principal Judge, Family Court, Agra in Case No. 1414 of 2024 (Isha Srivastava and another Vs Ramesh Chandra Srivastava), whereby the application under Section 144 BNSS, 2023 for maintenance filed by opposite party nos. 2 and 3 was allowed, directing interim maintenance of Rs. 15,000/- per month to opposite party no. 2 and Rs. 10,000/- per month to opposite party no. 3 from the date of application dated 19.11.2024, along with Rs. 15,000/- for expense to contest the case, the balance payable in three installments within three months. Counsel for the revisionist (stated to earn Rs. 80,000/- per month as a Manager at Durgapur, West Bengal) argued the award was excessive and exorbitant and was made without assessing his income. The Court issued notice to opposite party no. 2, sought a counter affidavit within three weeks (rejoinder within one week thereafter), and listed the matter fresh for 09.02.2026. Until then, the impugned order was kept in abeyance provided the revisionist continued to pay Rs. 10,000/- per month to opposite party no. 2 (wife) and Rs. 7,000/- to opposite party no. 3 (minor son), failing which the interim protection would automatically stand vacated. The merits of the revision were left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 7805 of 2025

Ramesh Chandra Srivastava

.....Revisionist(s)

Versus

State Of U.P. And 2 Others

.....Opposite Party(s)

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

Court No. - 85

HON'BLE MADAN PAL SINGH, J.

Heard Sri Manish Kumar Srivastava, learned counsel for the revisionist and learned AGA for the State.

This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 30.08.2025 passed by Principal Judge, Family Court, Agra in Case No. 1414 of 2024 (Isha Srivastava and another Vs Ramesh Chandra Srivastava), allowing the application under Section 144 BNSS, 2023 for maintenance filed by opposite party nos. 2 and 3, directing the revisionist to pay interim maintenance of Rs. 15,000/- per month to the opposite party no.2 and Rs. 10,000/- per month to opposite party no.3 each from the date of application dated 19.11.2024 and also directing the revisionist to pay interim maintenance of Rs. 15,000/- for expense to contest the case and balance amount of interim maintenance to pay to the opposite parties in three installments within three months.

Learned counsel for the revisionist submitted that revisionist is working as a Manager in a company at Durgapur, West Bengal and earns Rs. 80,000/per month. He also bears responsibilities of his old parents and the amount of maintenance awarded by the trial court is excessive and exorbitant. It is further submitted that the trial court has awarded interim maintenance in favour of the opposite party nos.2 and 3 without assessing the income of the revisionist which is arbitrary and contrary to law.

Matter requires consideration.

Issue notice to the opposite party no.2 returnable at an early date. Steps be taken within one week.

CRLR No. 7805 of 2025

2

Learned counsel for the opposite parties may file their counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

Put up on 09.02.2026 as fresh.

Till the next date of listing, order dated 30.08.2025 passed by the Principal Judge, Family Court, Agra in Case No. 1414 of 2024 (Isha Srivastava and another Vs Ramesh Chandra Srivastava), shall be kept in abeyance provided the revisionist shall continue to pay the monthly maintenance allowances of Rs. 10,000/- per month to the opposite party no.2 (wife) and Rs. 7,000/- to the opposite party no.3 (Minor son).

In case of default by the revisionist, interim protection granted shall automatically stands vacated.

January 5, 2026 AKT

(Madan Pal Singh,J.)

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad