Shailesh Kumar v. Smt. Sanju and Another
Case brief
What is this about?
Allahabad High Court (Manoj Bajaj, J.) dismissed as infructuous Criminal Revision No. 925 of 2017 filed by the husband, Shailesh Kumar, against the Family Court, Gorakhpur order dated 08.12.2016 under Section 125 Cr.P.C. granting monthly maintenance of Rs.8,000/- to the wife and Rs.5000/- to the minor daughter. Maintenance had since been enhanced under Section 127 Cr.P.C. by order dated 04.02.2025 on changed circumstances (challenged in connected Criminal Revision No. 901 of 2025), and the Court held the earlier order had merged in the enhancement order, leaving nothing to adjudicate. Keywords: maintenance, Section 125 Cr.P.C., Section 127 Cr.P.C., enhancement, merger of orders, infructuous revision, Family Court Gorakhpur.
What did the court decide?
In view of the subsequent enhancement of maintenance under Section 127 Cr.P.C. on changed circumstances, the order dated 8th December, 2016 has merged in the order dated 4.2.2025, which is the subject matter of Criminal Revision No. 901 of 2025; consequently nothing survives for adjudication in the present revision petition.