Govind Gopal v. Kritika Kumari
Case brief
What is this about?
Patna HC CR. REV. No.152 of 2023 (Bibek Chaudhuri, J., dt. 05-02-2025): revision against ex parte maintenance order of Principal Judge, Family Court, Madhubani (M.R. 18 of 2019, dt. 10-11-2022; Rs. 5,000/- each, total Rs. 10,000/-) dismissed as not maintainable. Key point: proviso to S. 126(2) Cr.P.C. - set aside ex parte maintenance order by application to Magistrate within 3 months for good cause, subject to terms/costs; claim of non-service of notice (sent to Mungeriganj, Begusarai) not entertained via revision. No precedent cases cited. Parties: Govind Gopal v. Kritika Kumari & Anr.
What did the court decide?
Under the proviso to Section 126(2) Cr.P.C., an ex parte order of maintenance may be set aside by the Magistrate for good cause shown on an application made within 3 months from the date thereof, subject to such terms, including terms as to payment of costs to the opposite party, as the Magistrate may think just and proper.