Petitioner challenged an ex-parte Family Court maintenance order without notice. The High Court noted Section 126 CrPC permits setting aside ex-parte orders on good cause within three months and permitted withdrawal of the petition to move the Family Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No. 639 of 2021
Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj
======================================================
VINOD KUMAR SINGH @ BINOD SINGH Son of Janardan Singh Resident of Village - Telhua, Dera Tola, P.S.- Nautan, Distt.- West Champaran.
... ... Petitioner/s
Versus
Suman Devi W/o Vinod Kumar Singh @ Binod Singh , D/o Lalbabu Singh Resident of Village - Heera Pakad, P.S.- Jodopur, Distt.- Gopalganj.
... ... Respondent/s
====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Respondent : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
3 05-12-2024
The present petition has been preferred against the exparte order dated 15.01.2021 passed by learned Principal Judge Family Court, Gopalganj, in Maintenance Case No. 205 of 2019.
Patna High Court CR. REV. No. 639 of 2021(3) dt.05-12-2024 2/2
before learned Family Court, Gopalganj, under Section 126 Cr.
PC.
(Jitendra Kumar, J.)
ramesh/S. Ali/-
U T
1 issue framed by the court
Whether the petitioner could challenge the ex-parte maintenance order in revision instead of seeking setting aside under Section 126 CrPC.
1 provisions across 1 enactments
Vinod Kumar Singh @ Binod Singh
Suman Devi
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
