Vinod Kumar Vs State of U.P. and Another

The present criminal revision has been preferred with the prayer to set aside the judgment and order dated 09.08.2024 passed by the Principal Judge, Family Court, Hapur in Misc. Case (Restoration Application) No. 182 of 2023 (Vinod Kumar Vs. Smt. Priya) filed under Section 126(2) Cr.P.C as well as ex-parte judgment and order dated 15.11.2022 passed by the Principal Judge, Family Court, Hapur in Criminal Misc. Case No. 279 of 2020 filed under Section 125, Cr.P.C. Police Station- Hapur Nagar, DistrictHapur.

Learned counsel for the revisionist submits that opposite party no.2 has filed an application under Section 125 Cr.P.C. which was decided by the trial court vide ex-parte order dated 15.11.2022 whereby revisionist has been directed to pay Rs.3,000/- per month to the opposite party no.2 as maintenance allowance from the date of the order and further directed to the revisionist to pay Rs.1500/- per month from the date of application to the date of order. Against the ex-parte order, the revisionist filed an application under Section 126(2), Cr.P.C. which was allowed vide order dated 29.02.2024 on the cost of Rs.40,000/- but on account of default in depositing the cost, vide order dated 09.08.2024, the recall application of the revisionist has been rejected.

Learned counsel for the revisionist further submits that on account of non payment of arrears of maintenance, warrant of recovery has also been issued

CRLR No. 5062 of 2024

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against the revisionist.

Learned counsel for the revisionist submits that since the revisionist is a labourer and he has no permanent source of income, due to this reason he could not comply with the impugned order passed under Section 126 (2) Cr.P.C. It is further submitted that he has arranged some money and now he is ready to pay Rs. 40,000/- (Rs.20,000/- against the cost of Rs.40,000/- and Rs.20,000/- in the execution case in which recovery warrant has been issued) in compliance of the impugned order dated 09.08.2024 & 29.02.2024 and also ready to pay Rs.3,000/- per month as monthly maintenance allowance to the opposite party no.2.

Learned A.G.A. has no objection to the above submissions made by the learned counsel for the revisionist.

Considering the facts and circumstances of the case, the bona fide shown on behalf of the revisionist before this Court as well as perusing the records, the present revision is disposed of with the condition that in case the revisionist deposits Rs.40,000/- within a period of three weeks from today in compliance of the impugned order dated 09.08.2024 & 29.02.2024 along with a certified copy of this order before the trial court. He shall also pay the maintenance allowance of Rs.3,000/- per month as awarded by the trial court under the ex-parte judgment. The same shall be treated as due compliance of the impugned order and the recovery, if any, deemed to have been cancelled.

On compliance of the above order by the revisionist, the trial court shall consider and decide the instant application filed by opposite party no.2 under Section 125 Cr.P.C. afresh, in accordance with law, by means of a reasoned speaking order, after giving notice and affording opportunity of hearing to the parties concerned to adduce their evidences and set up their case, expeditiously, preferably within a period of three months just after compliance of the direction issued above.

September 19, 2025 Prajapati RK

(Madan Pal Singh,J.)

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Vinod Kumar v. State of U.P. and Another