Kailash Kumar v. State of U.P. and Another

Court No. - 82 Case :- CRIMINAL REVISION No. - 3980 of 2023 Revisionist :- Kailash Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ashish Kumar,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A.,Dhirendra Bahadur Singh Hon'ble Ms. Nand Prabha Shukla,J. Heard Shri Rakesh Kumar Pandey holding brief of Shri Ashish Kumar, learned counsel for the revisionist and learned AGA for the State. The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 2.6.2023 passed by the learned Principal Judge, Family Court, Jhansi in Criminal Petition No.729 of 2021 (Smt. Jyoti vs. Kailash Kumar) under Section 125 Cr.P.c. Police Station Gursarai, District Jhansi whereby the revisionist was directed to pay an amount of Rs.10000/- per month in favour of opposite party no. 2 as maintenance from the date of application. Learned counsel for the revisionist submits that the order dated

2.6.2023 is an ex-parte order granting maintenance to the opposite party no. 2. Learned AGA has raised an objection that learned counsel for the revisionist may move an application under Section 126 Cr.P.C. giving him an opportunity of hearing. Keeping in view the aforesaid facts and circumstances, this revision is disposed of with a direction that in case the application is moved by the revisionist under the appropriate provision within a period of one month from today, the same shall be considered and decided in accordance with law, as expeditiously as possible, if there is no other legal impediment. With the aforesaid observation, the criminal revision is disposed of. Order Date :- 14.12.2023 SFH High Court of Judicature at Allahabad