Vikash Gaurav v. the State of Bihar
Case brief
What is this about?
Keywords: maintainability of criminal revision; ex parte maintenance order; Section 125 Cr.P.C.; proviso to sub-Section (2) of Section 126 Cr.P.C. — set aside ex parte order within three months on good cause; alleged non-service of notice; notice served 31 May 2022 per counter affidavit; order-sheet of Principal Judge, Family Court, Vaishali; Revisional Court cannot review Trial Court's appreciation of service of notice; dismissal with liberty to approach Trial Court subject to law of limitation; interim payment Rs. 7,000/- per month; revival of execution case on default. Bench: Honourable Mr. Justice Bibek Chaudhuri (sole author/signatory); Patna High Court, CR. REV. No.245 of 2024, decided 28-07-2025; PS Case, District Vaishali; parties: Vikash Gaurav (husband/petitioner) v. State of Bihar and Anshu Kumari (wife/Opposite Party No.2).
What did the court decide?
Revision dismissed with liberty to the petitioner to raise the notice/ex parte issue before the Trial Court subject to the law of limitation; without prejudice to the parties' rights, the petitioner is directed to pay Rs. 7,000/- per month to the opposite party from the current month, failing which this direction becomes ineffective and the Trial Court shall revive the execution case and pass order in accordance with law.