The Allahabad High Court has sought an explanation from an Additional Principal Judge of the Family Court in Jhansi after it was informed that maintenance had allegedly been awarded to a woman despite material placed before the court indicating that she had remarried following the dissolution of her marriage. The High Court also issued notice in the criminal revision and fixed the matter for further hearing.
Background of the Case
The revision petition was filed by Rajesh Chaturvedi, challenging a Family Court order dated March 10, 2026, which directed him to pay ₹10,000 per month as maintenance to his former wife under Section 125 of the Code of Criminal Procedure, while also granting maintenance to the minor child.
Before the High Court, the husband's counsel argued that the marriage had already been dissolved by a Family Court decree dated July 30, 2025. It was further submitted that during proceedings arising from the divorce, the former wife had disclosed through an affidavit that she had remarried on September 3, 2025. According to the revisionist, this fact had also been specifically brought to the notice of the Family Court through objections filed during the maintenance proceedings.
The revisionist stated that while he had no objection to continuing maintenance for the minor son and was willing to pay ₹5,000 per month towards the child's upkeep, he disputed the direction requiring payment of maintenance to his former wife after her alleged remarriage.
Take CourtBook Everywhere
Access your account on the go with our mobile app.
Court's Observations
After hearing the parties, Justice Praveen Kumar Giri noted that the revisionist had relied upon documents and objections claiming that the Family Court had been informed of the alleged remarriage before passing the maintenance order.
Taking note of these submissions, the High Court directed the concerned Family Court judge to explain why the maintenance order in favour of the wife was passed despite the alleged disclosure of her second marriage.
In its order, the bench observed,
"Sri Harish Chandra, Additional Principal Judge, Family Court, Jhansi... is directed to submit his explanation as to why despite disclosing the fact of second marriage of the applicant (wife)... he has passed the order directing the revisionist to pay Rs.10,000/- to the wife."
Decision
The High Court issued notice to the opposite party for filing a counter affidavit within two weeks. It also directed the Additional Principal Judge, Family Court, Jhansi, to submit his explanation before the next date of hearing.
Further directions were issued for communicating the order to the concerned parties through the appropriate authorities, and the matter has been listed for fresh hearing on July 21, 2026.
Case Details
Case Title: Rajesh Chaturvedi v. State of U.P. and Another
Case Number: Criminal Revision No. 3561 of 2026
Judge: Justice Praveen Kumar Giri
Decision Date: July 7, 2026
