Criminal revision against a family court order recalling an ex-parte interim maintenance order with Rs.25,000 costs. The High Court disposed of the revision, permitting the revisionist to seek adjustment of the costs towards maintenance payable under the earlier order.
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Neutral Citation No. - 2025:AHC-LKO:13837
Court No. - 16
Case :- CRIMINAL REVISION No. - 278 of 2025
Revisionist :- Shiv Kumar Vishvakarma
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko And Another
Counsel for Revisionist :- Vimal Kishor Singh,Premkant Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the revisionist and learned A.G.A. for the respondent State.
Present revision under Section 19(4) of the Family Court Act has been filed against the order dated 16.01.2025 passed by the learned Principal Judge, Family Court, Barabanki in Case No.1917 of 2024 under Section 145(2) of B.N.S.S..
Vide the order dated 16.1.2025, the learned family court has allowed the application for recall of the ex-parte order dated 7.12.2023 with heavy costs of Rs.25,000/-.
Learned counsel for the revisionist fairly admits that in pursuance to the order of the family court dated 7.12.2023 no amount has been paid by the revisionist to respondent no.2. However, learned counsel for the revisionist states that in case the aforesaid cost of Rs.25,000/- is adjusted towards the maintenance which is to be paid to respondent no.2 he would not have any objection.
Considering the aforesaid, the revision is disposed of leaving it open to the revisionist to file an application before the learned court concerned praying for adjustment of the costs as awarded vide order dated 16.1.2025 towards the maintenance as payable to the respondent no.2 in pursuance to the order dated 7.12.2023 or any interim maintenance which may be fixed by the learned court.
In case, such an application is filed then the learned court concerned would proceed to decide the same in accordance with law after hearing all the parties concerned provided there is no legal impediment.
Order Date :- 6.3.2025 Madhu D.R/P.S
Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the costs of Rs.25,000 imposed on recall of the ex-parte maintenance order could be adjusted towards maintenance payable to respondent no.2.
2 provisions across 2 enactments
Shiv Kumar Vishvakarma
State Of U.P. Thru. Prin. Secy. Home, Lko
Respondent No.2
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
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