It has been submitted by the learned counsel for the applicant that marriage of opposite party no. 2 was solemnized with the applicant on 03.06.2015. The relations between the two become strained, therefore, opposite party no. 2 left her matrimonial house. Thereafter, applicant filed a suit for restoration of Conjugal Rights, in which, notices were issued to the contesting opposite party no. 2. In the meantime, opposite party no. 2 filed an application under Section 125 Cr.P.C. before Principal Judge, Family Court, Shahjahanpur for maintenance. Pursuant to which, learned Principal Judge, Family Court, Shahjahanpur passed an ex-parte order dated 31.07.2018 directing the applicant to pay maintenance allowance @ Rs.2,000/- per month to the opposite party no. 2 (wife) from the date of order. Aggrieved by the aforesaid order dated 31.07.2018, applicant approached this Court by means of application under Section 482 Cr.P.C. No. 46282 of 2018 (Deep Prakash Sharma Vs. State of U.P. and Another), wherein this Court vide order dated 19.12.2018 issued notice to the opposite party no. 2 and also directed to the applicant to move recall application under Section 126(2) Cr.P.C. for recalling the order dated 31.07.2018 before the concerned court below and the same was to be decided expeditiously without being influenced by the pendency of that application. Subsequently, on 24.01.2019, applicant moved recall application under Section 126(2) Cr.P.C. before the concerned court below, which was rejected by order dated 11.09.2019 as the applicant is not paying the maintenance amount as is directed by the order dated 31.07.2018.
