Rakesh Prasad vs State of U.P. and 2 Others

Neutral Citation No. - 2025:AHC:104090

Court No. - 84

Case :- CRIMINAL REVISION No. - 1171 of 2025

Revisionist :- Rakesh Prasad Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Anis Kumar Gautam Counsel for Opposite Party :- Avanish Pratap Singh, Shams Tabrez Alam Ansari,G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for both the parties as well as learned A.G.A for the State and perused the record.

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This Crl. Revision has been filed by the revisionist by the revisionist with a prayer to allow the criminal revision and set aside the order dated 10.01.2025 passed by learned Principal Judge, Family Court, Mau in Case No. 604 of 2023 (Rakesh Prasad Vs. Manisha and others), under section 126 Cr.P.C arising out of maintenance Case No.415 of 2017 ( Manisha and others Vs. Rakesh Prasad), under section 125 Cr.P.C, Police Station Madhuban, District Mau.

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It is submitted by the learned counsel for the revisionist that in this case the opposite party No.2 is wife of the revisionist and opposite party No.3 is minor son. The marriage was performed in the year 2012. Without any sufficient cause she started living separate from him and she filed an application under section 125 Cr.P.C which was allowed exparte against which he filed an application under section 126(2) Cr.P.C before the learned trial court which was decided on 10.1.2025 by imposing cost Rs.72500/- which is excessive, therefore, request to reduce the amount of cost and allow this revision.

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Learned counsel for opposite party No.2 opposed the aforesaid prayer and contended that in this case the wife/opposite party No.2 is living separate from the husband due to harassment on the part of the revisionist. She has minor child but the revisionist has not given any amount either to her or her child for maintenance. He further contends that the revisionist participated in the proceedings before the learned trial court under section 125 Cr.P.C. Thereafter he became absent and the case was proceeded exparte against which he filed recall application and it was recalled vide order dated 11.1.2019. Thereafter he again became absent and the case was proceeded exparte on 18.4.2022 and final order was passed on 2.6.2022.

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No amount of maintenance was paid to the opposite party No.2/wife that was the reason an application under section 128 Cr.P.C was moved before learned trial court for realization of arrears of maintenance Rs.1,45,000/-. He did not pay the amount of maintenance but moved the application under section 126(2) Cr.P.C which was allowed by learned trial court vide order dated 10.1.2025 by imposing the condition of the payment of amount of Rs.72500/- that is half of the arrears of the amount. In this way, there is no any illegality or impropriety in the order passed by the learned trial court but only for making harassment of the opposite party No.2 and to avoid the liability of making payment of amount of maintenance, the present revision has been filed before this Court.

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On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties as well as learned A.G.A, perusal of record and the order passed by the learned trial court dated 10.1.2025 on the application under section 126(2) Cr.P.C, there appears no any illegality or impropriety in the order but this revision being devoid of merit and liable to be dismissed.

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If he makes payment of the aforesaid amount as mentioned in the order dated 10.1.2025 within a period of 30 days, the order passed by learned trial court will take effect.

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Order Date :- 3.7.2025 G.S

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Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad

Rakesh Prasad v. State of U.P. and 2 Others

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Rakesh Prasad v. State of U.P. and 2 Others

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