Dismissed

Md. Ijajullah @ Ijajullah v. Gulshan Khatoon

Patna HC22 Apr 2025CR. REV./140/2023

Case brief

AI extract

What is this about?

Husband filed a revision under Section 19(4) of the Family Courts Act challenging a maintenance order after a five-year delay, seeking condonation on the ground he was absconding. The Court held that maintenance proceedings are civil in nature and res judicata applies, since an earlier revision against the same order had already been decided, and dismissed both applications summarily.

What the court decided

AI extract

Md. Ijajullah @ Ijajullah Vs Gulshan Khatoon — Maintenance and Alimony | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL REVISION No.140 of 2023

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Arising Out of PS. Case No.- Year-0 Thana- District- Sitamarhi

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======================================================

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Md. Ijajullah @ Ijajullah, S/o Md. Mohsin R/o Ward no. 14, VillageDhanhara, Post- Parshuram, P.S.- Parsauni, Distt- Sitamadhi.

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... ... Petitioner/s

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Versus

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Gulshan Khatoon, W/o Md. Ijajullah R/o Village- Dhanhara, PostParshuram, P.S.- Parsauni, Distt- Sitamadhi.

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Md. Danish, S/o Md. Ijajullah R/o Village- Dhanhara, Post- Parshuram, P.S.Parsauni, Distt- Sitamadhi.

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Md. Sahil @ Sahib, S/o Md. Ijajullah R/o Village- Dhanhara, PostParshuram, P.S.- Parsauni, Distt- Sitamadhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jagnnath Singh, Advocate Mr. Deepak Kumar, Advocate Mr. Md.Ghulam Mustafa, Advocate Mr. Padmanabh Kashyap, Advocate For the Respondent/s : Mr. Ashok Kumar Jha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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5 22-04-2025

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Since the instant revision under Section 19(4) of the

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Family Courts Act is barred by an inordinate delay of five years, this Court takes up the application for condonation of delay, registered as I. A. No. 1 of 2023.

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It is contended on behalf of the petitioner/husband

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that he had no knowledge about the impugned order passed in Miscellaneous Case No. 61 of 2012 by the learned Principal Judge, Family Court, Sitamarhi because of the fact that he was absconding at the relevant point of time. He was brought before the Trial Court in the year 2022 when police arrested him on the

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Patna High Court CR. REV. No.140 of 2023(5) dt.22-04-2025 2/3

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strength of warrant of arrest. Subsequently, he filed the instant revision in the year 2023.

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The learned Advocate on behalf of the Opposite Party No. 1, on the other hand, submits that the instant proceeding bearing Cr. Revision No. 140 of 2023 and connected application for condonation of delay have been filed on exercise of fraud and misrepresentation upon the Court by the petitioner because against the final order dated 11^th of December, 2017, passed in Miscellaneous Case No. 61 of 2012, by the learned Principal Judge, Family Court, Sitamarhi, vide an application under Section 125 of the Cr.P.C., the petitioner filed a Cr. Revision No. 434 of 2018 and the said revisional application was disposed of by Hon’ble Mr. Justice Ahsanuddin Amanullah (as His Lordship then was) vide order, dated 22^nd of November, 2019. Therefore, the instant proceeding is not maintainable and barred on the principle of res judicata .

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It is no longer res integra that though the provision of maintenance was incorporated in Chapter IX of the Code of Criminal Procedure but the proceeding is treated as a civil proceeding and since the nature of the proceeding is civil, the principle of res judicata applies.

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Considering such aspect of the matter, I find that the

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Patna High Court CR. REV. No.140 of 2023(5) dt.22-04-2025 3/3

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instant criminal revision is not, at all, maintainable.

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Accordingly, the revisional application and

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connected application filed under Section 5 of the Limitation

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Act are summarily dismissed.

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(Bibek Chaudhuri, J)

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uttam/-

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Md. Ijajullah @ Ijajullah v. Gulshan Khatoon

Case brief

What is this about?

What the court decided

Md. Ijajullah @ Ijajullah v. Gulshan Khatoon

Case brief

What is this about?

What the court decided

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