Ankit Katiyar vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

Ankit Katiyar vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Criminal revision disposed of; revisionist directed to move an application for recall of the ex-parte order dated 16.04.2025 within 15 days, to be heard and decided by the trial court with opportunity of hearing on imposing reasonable cost; revisionist to participate in proceedings without unnecessary adjournments.

Issue for consideration

Whether the exparte judgment and order dated 16.04.2025 passed by the Principal Judge, Family Court, Farrukhabad in the maintenance case under Section 125 Cr.P.C. should be set aside and the revisionist be given an opportunity of hearing.

Court's answer

The revisionist had moved adjournment applications several times and had not paid the cost, which was why his adjournment application was rejected and the case was proceeded ex-parte by order dated 16.04.2025.

Ratio / Principle

The revisionist is to move an application for recall of the ex-parte order dated 16.04.2025 within 15 days, which shall be heard and decided by the learned trial court, affording him an opportunity of hearing by imposing reasonable cost.

Key takeaways

The revisionist is directed to participate in the proceedings without seeking any unnecessary adjournment.ratio¶10

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court, Court No. 84) against the exparte judgment and order dated 16.04.2025 of the Principal Judge, Family Court, Farrukhabad in Case No.1114/12/2023 (Smt. July Vs. Shri Ankit Katiyar) under Section 125 Cr.P.C., P.S. Jahanganj, District Farrukhabad. The Court found that the revisionist had moved adjournment applications several times and had not paid the cost, whereupon his adjournment application was rejected and the case was proceeded ex-parte. The revision was disposed of with a direction to the revisionist to move an application for recall of the ex-parte order dated 16.04.2025 within 15 days, to be heard and decided by the learned trial court affording him an opportunity of hearing on imposing reasonable cost, and directing the revisionist to participate in the proceedings without seeking unnecessary adjournments.

Neutral Citation No. - 2025:AHC:117833

Court No. - 84

Case :- CRIMINAL REVISION No. - 3231 of 2025

Revisionist :- Ankit Katiyar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Digvijay Singh,Sudhir Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record.

This criminal revision has been filed to allow the revision and to set aside the exparte judgment and order dated 16.04.2025 passed by Principal Judge, Family Court, Farrukhabad in Case No.1114/12/2023 (Smt. July Vs. Shri Ankit Katiyar) under Section 125 Cr.P.C., Police Station Jahanganj, District Farrukhabad and also prays to stay effect and operation of the order dated 16.04.2025.

It is submitted by learned counsel for the revisionist that in this case the learned trial court ordered for proceeding the case ex-parte on 16.04.2025, therefore, he request to set aside the order in question dated 16.04.2025 and give him an opportunity of hearing in the case.

Learned A.G.A. opposed the prayer as aforesaid.

Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed dated 16.04.2025 passed by the learned trial court, it appears that the revisionist moved adjournment application several times and has also not paid the cost that was the reason his application for adjournment was rejected and case was proceeded ex-parte by order 16.04.2025. Therefore, it is expedient to direct the revisionist to move an application for recall of the ex-parte order dated 16.04.2025 within a period of 15 days from today that will be heard and decided by the learned trial court and opportunity of hearing be also provided to him by imposing reasonable cost. The revisionist is also directed to participate in the proceedings without seeking any unnecessary adjournment.

Accordingly, this criminal revision is disposed of.

Order Date :- 21.7.2025 Ashok Gupta

Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad