The Allahabad High Court has directed all the Trial Courts falling within the jurisdiction of the State to ensure that execution applications in maintenance cases are decided within six months.

The High Court was considering a criminal revision along with a delay condonation application where there was a delay of 645 days.

The Single Bench of Justice Praveen Kumar Giri held, “All the trial courts falling within the jurisdiction of the State of Uttar Pradesh are directed to comply with the directions issued by the Hon’ble Supreme Court in the judgment of Periyammal (supra) and the circular dated 24.05.2025 issued by the Registrar General of this Court and to ensure that execution applications in maintenance cases are decided within a period of six months. Any failure to comply with these directions may amount to contempt of the Hon’ble Apex Court as well as this Court.”

Advocate Ajay Kumar Vashistha represented the Revisionist while Government Advocate represented the Opposite Party.

Factual Background

The revisionist sought setting aside of the impugned judgment passed by the Family Court under section 125 of the CrPC directing him to pay Rs 3,000 per month to his wife and Rs 1,000 each in favour of the minor children.

Reasoning

On a perusal of the facts of the case, the Bench noted that the maintenance order was passed nearly two years ago, whereas the revisionist had approached the Court after a delay of 645 days. The Bench further noted that the revisionist expressed his inability to state whether any application for execution of the order had been filed under Section 125(3) or 128 of the CrPC.

The Bench also found that the revision had been filed after an inordinate delay of 645 days and no document was annexed to the paper book to indicate whether any execution proceedings in respect of the maintenance order were pending or had been initiated.

Reference was made to the judgment of the Apex Court in Periyammal (Dead) v. V. Rajamani; (2025) wherein it has been held that the execution pending in the various Courts should be decided and disposed of within six months. The Bench noted that in compliance with the aforesaid judgment, the Registrar General of the High Court had also issued a Circular to all the District and Sessions Judges, Principal Judges, Family Courts and Presiding Officers of Commercial Courts, MACTs, and LARRAs.

Thus, directing all the Trial Courts to decide the applications in maintenance cases within a period of six months, the Bench dismissed the condonation application and also the revision being barred by limitation.

Cause Title: A v. State Of U.P. And 3 Others (Neutral Citation: 2026:AHC:214414)

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Allahabad High Court

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.