Atul Kumar Yadav vs State Of U.P.
2023 Latest Caselaw 27714 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:193426
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 5271 of 2023
 
Revisionist :- Atul Kumar Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Revisionist :- Rajwan Singh,Arjun Singh Yadav
 
Counsel for Opposite Party :- G.A.,Manoj Kumar
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Arjun Singh Yadav, learned counsel for the revisionist, learned A.G.A. for the State, Sri Manoj Kumar, learned counsel appearing on behalf of opposite party no. 2 and perused the record.

This criminal revision has been filed by the revisionist against the ex-parte judgment and order dated 21.02.2019, passed by Principal Judge, Family Court, Kaushambi, in Maintenance Case No. 85 of 2018 (Poonam Yadav vs. Atul Kumar Yadav), under Section 125 Cr.P.C. by which the application filed by opposite party no. 2 under Section 125 Cr.P.C. was allowed ex-parte and the revisionist was directed to pay Rs. 3,000/- per month as maintenance to opposite party no. 2.

The order passed by learned family court under Section 125 Cr.P.C. is ex-parte and the revisionist has an alternative remedy under Section 126(2) Cr.P.C. to file recall application recalling the ex-party order.

In view of above, the present criminal revision is dismissed on the ground of alternative remedy.

Interim order, if any, stands discharged.

Order Date :- 9.10.2023

sailesh