Disposed

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

Allahabad HC21 Apr 2022CRLR/1385/2022

Case brief

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What is this about?

The High Court disposed of a criminal revision against a rejected application to withdraw an ex-parte maintenance order of Rs. 9,000/month awarded on 20.02.2021. The Court granted condonation and directed the revisionist to deposit Rs. 50,000 for the respondent to decide the case on merits by year-end.

What did the court decide?

Payment of Rs. 50,000 deposit as security for the respondent, withdrawal of the ex-parte order upon compliance, and directing the subordinate court to decide the matter on merits without unreasonable

Krishna Kumar Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 67

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Case :- CRIMINAL REVISION No. - 1385 of 2022

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Revisionist :- Krishna Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ripu Soodan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Shri Ripu Soodan Yadav, learned counsel for the revisionist and learned A.G.A. Perused the record.

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The instant criminal revision is targeted against the order dated 23.11.2021, whereby the revisionist's application 3 Ka for withdrawing the ex-parte order has been rejected by the Additional Principal Judge, Family Court, Jaunpur.

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The contention raised by the learned counsel for the revisionist is that the revisionist got married with Opposite Party No.2, Smt. Neha Chauhan on 02.06.2017 according to Hindu rites and rituals. On account of certain matrimonial disputes, there is deep rooted mis-understanding and discord between them. Thereafter, Opposite Party No.2 started living separately and has moved an application under Section 125 Cr.P.C. on 10.09.2020 before the court concerned that proceeded ex-parte and on 20.02.2021, learned Additional Principal Judge, Family Court Jaunpur has awarded Rs.9,000/- per month from the date of the application. Being aggrieved by this, an application was moved for recalling the ex-parte order, which was rejected by the court concerned.

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I have perused the order impugned, the endeavour of the Court to decide the case on merits and to reject on the technical grounds.

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Under such circumstances, in the event the revisionist deposits a sum of Rs.50,000/- on or before 30.04.2022 and the said amount shall be disbursed in favour of Opposite Party No.2. The order dated 23.11.2021 shall be withdrawn and the court concerned shall decide the Case No.1349/2020 (Neha Chauhan Vs. Krishna Kumar) on merits, after hearing both the parties by end of this year without granting any unreasonable adjournment to either of the parties.

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With this observation, the present criminal revision stands disposed of.

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In the event, if the amount is not deposited, the present revision would automatically be dismissed in limine .

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Order Date :- 21.4.2022 Zafar

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Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.04.27 09:41:10 IST Reason: Location: High Court of Judicature at Allahabad

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

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

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