Allowed

Ravi Awasthi v. State of U.P. and 2 Others

Allahabad HC4 Apr 2022CRLR/766/2022

Case brief

AI extract

What is this about?

In this criminal revision regarding a rejected application under Section 126(2) Cr.P.C. and Section 5 of the Limitation Act, the High Court of Judicature at Allahabad quashed the impugned order which had confirmed an ex-parte maintenance decree. The Court directed the maintenance judge to decide the case on merits upon deposit of costs.

What did the court decide?

Order dated 14.12.2021 quashed; case to be decided on merits upon deposit of Rs. 30,000/- by 18.04.2022.

Ravi Awasthi Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2022)

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Court No. - 65

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Case :- CRIMINAL REVISION No. - 766 of 2022

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Revisionist :- Ravi Awasthi Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Atul Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Sri Atul Pandey, learned counsel for the revisionist and learned A.G.A for the State.

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Aggrieved by the order dated 14.12.2021 by which application under section 126(2) Cr.P.C. alongwith application section 5 Limitation Act were rejected and the Additional Principal Judge Family Court Pilibhit has confirmed the ex-parte order dated 14.03.2019.

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Learned counsel for the revisionist submits that he since year to contest the case on merits. Section 126 (2) Cr.P.C. reads as under:-

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Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

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Under circumstances, in the event the revisionist shall deposit a sum of Rs. 30,000/- before the Additional Principal Judge Family Court Pilibhit by 18.04.2022. The Judge concerned shall make a necessary endeavour to decide the Maintenance Case No. 121 of 2016 by 31.08.2022 positively.

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In the event Ravi Awasthi-revisionist trying to play the delaying tactics or any trick with procedure of the Court it shall be dealt with by the court concerned with iron hand.

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The amount so deposit of Rs. 30,000/- shall be handed over to the opposite party no. 2 within a week.

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Order impugned dated 14.12.2021 is hereby by quashed. The Court is decided the case on merits.

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With these observations, accordingly the revision is disposed of.

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Order Date :- 4.4.2022 Vikram

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Digitally signed by VIKRAM SINGH Date: 2022.04.07 15:20:11 IST Reason: Location: High Court of Judicature at Allahabad

Ravi Awasthi v. State of U.P. and 2 Others

Case brief

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Ravi Awasthi v. State of U.P. and 2 Others

Case brief

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