Allahabad High Court
Saleem Khan vs State Of U.P. And 2 Others on 2 August, 2023
Bench: Ram Manohar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:153999
Court No. - 50
Case :- CRIMINAL REVISION No. - 2820 of 2023
Revisionist :- Saleem Khan
Opposite Party :- State Of U.P. And 2 Others
Counsel for Revisionist :- Faizur Rahman
Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav
Hon'ble Ram Manohar Narayan Mishra,J.
1. Instant criminal revision has been preferred by revisionist against ex-parte judgment and order dated 06.07.2022, passed by Principal Judge, Family Court, Kanpur Dehat in maintenance case No. 14 of 2018 (Smt. Yasmeen Khatoon Vs. Saleem Khan), whereby, the opposite party No.2 and her minor son Shakib are awarded monthly maintenance to the tune of Rs. 3,000/- and Rs. 1,000/-, respectively i.e. total Rs. 4,000/- from the date of filing of application dated 08.01.2018. The amount has been directed to be paid by the revisionist,who is husband of opposite party No. 2. In impugned judgment, it is stated that service of notice was held to be sufficient on opposite party, who is present revisionist, vide order dated 16.03.2019 and proceedings were directed to be taken ex-parte vide order dated 24.04.2019. In ex-parte evidence, opposite party No. 2 filed his affidavit evidence as P.W.1 and affidavit evidence of her father as P.W.2. Learned court below after considering affidavit evidence and material on record has passed impugned order. Feeling aggrieved by the impugned ex-parte order, present criminal revision has been filed by the revisionist before this Court.
2. Heard the submissions of learned counsel for the revisionist, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the material on record.
3. Learned counsel for the revisionist submitted that he was not aware of proceedings against him under Section 125 Cr.P.C. in said maintenance case No. 14/18 instituted by opposite party No. 2. He came to know about judgment and order dated 06.07.2022, when coercive order was issued against him on 10.01.2023 by court below for recovery of amount of maintenance. The said order is liable to be set aside in the interest of justice, otherwise the revisionist will incur great hardship and difficulty as he is deprived of opportunity of hearing, in said maintenance case, in view of passing of impugned order
4. Per contra, learned counsel for opposite party No. 2 submitted that impugned order has been passed by the court below after giving finding that service of notice is held to be sufficient on opposite party No. 2 (present revisionist). The amount awarded in impugned judgment and order, is very reasonable and no interference is expected in impugned judgment and order in present revision. An amount of Rs. 1,71,000/- is outstanding till January, 2023 and thereafter a monthly amount of Rs. 4,000/- is also due till date.
5. Considering rival submissions of learned counsel for the parties, evidence on record, keeping in view of the fact that judgment impugned order is ex-parte, this court is of opinion that impugned ex-parte judgment and order is set aside subject to condition of payment of substantial amount by the revisionist, keeping in view the larger interest of justice and factum of sustenance of the opposite party No.2 and her minor son.
6. The revision is conditionally allowed. The impugned order dated 06.07.2020, is hereby set aside on condition of deposition of Rs. 1 lakh within a month from today, before the Court below, which will be paid by the court below to the opposite party No. 2. In case revisionist fails to deposit Rs. 1 lakh, this order shall stand vacated and court below will be at liberty to enforce impugned judgment and order and on payment of said amount, the court below will restore, the maintenance case to its original number and will decide the same preferably within a period of 6 months after giving opportunity of hearing to both sides.
Order Date :- 2.8.2023
Nitika Sri.
