Arvind Kumar v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court (Court No. 79), Criminal Revision Defective No. 1348 of 2023, Arvind Kumar v. State of U.P. and Another, decided 5.10.2023 by Vipin Chandra Dixit, J. Challenges ex-parte order dated 25.01.2018 in Criminal Misc. Case No. 588 of 2023 (Principal Judge, Family Court, Jalaun at Orai) allowing the wife's application under Section 125 Cr.P.C. and granting Rs. 4,000/- per month. Held: revision not maintainable; alternative remedy lies under Section 126(2) Cr.P.C. to recall the ex-parte order; revision dismissed. Keywords: Section 125 Cr.P.C.; Section 126(2) Cr.P.C.; ex-parte order; recall; alternative remedy; maintainability of criminal revision; maintenance to wife.
What did the court decide?
The present criminal revision is not maintainable because the revisionist has an alternative remedy under Section 126(2) Cr.P.C. for recalling the ex-parte order passed on the application under Section 125 Cr.P.C.; learned counsel for the revisionist did not dispute this position.