Patna High Court
RANJAN YADAV @ KAUSHAL KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The court permitted withdrawal of the revision petition, directing that if no compromise exists the petitioner’s application under Section 126(2) Cr.PC will be considered and he must pay half of the maintenance amount.
Summary
The petitioner Ranjan Yadav filed a criminal revision seeking to set aside an ex‑parte maintenance order dated 15‑10‑2019 passed by the Family Court under Section 125 of the Criminal Procedure Code. The order required him to pay Rs.5,000 per month to his estranged wife and their two minor children, but he was unable to contest the petition as it proceeded without his participation. The petitioner’s counsel requested permission to withdraw the revision and instead apply under the proviso to Section 126(2) Cr.PC for setting aside the order, offering to pay half of the maintenance amount pending a hearing. The court allowed the withdrawal, conditioned that if no settlement exists the application under Section 126(2) will be entertained and the petitioner must pay half the ordered amount. Consequently, the revision petition was disposed of.
Issues considered
- Whether an ex‑parte maintenance order under Section 125 Cr.PC can be set aside by a revision petition.
- Whether the petitioner may withdraw the revision petition and seek relief under the proviso to Section 126(2) Cr.PC.
- Whether the petitioner is liable to pay a portion of the maintenance amount pending settlement.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125, 126(2)
Subjects
- maintenance
- Section 125 CrPC
- ex‑parte order
- revision
- Family Court
- Section 126(2) CrPC
- withdrawal of petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.69 of 2020
Arising Out of PS. Case No.- Year-0 Thana- District- Saharsa
======================================================
Ranjan Yadav @ Kaushal Kumar Son of Shyam Sundar Prasad Yadav,
Resident of Village - Bariyahi, P.S.- Bangaon, District - Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Devi Wife of Ranjan Yadav @ Kaushal Kumar Resident of Village -
Bariyahi, P.S.- Bangaon District - Saharsa Presently Residing at Maharatha,
P.S.- Saharsa, District - Saharsa
3. Rishabh Kumar Son of Ranjan Yadav @ Kaushal Kumar Through its mother
Rinku Devi, Resident of Village - Bariyahi, P.S.- Bangaon District - Saharsa
Presently Residing at Maharatha, P.S.- Saharsa, District - Saharsa
4. Rishu Kumari Daughter of Ranjan Yadav @ Kaushal Kumar Through its
mother Rinku Devi, Resident of Village - Bariyahi, P.S.- Bangaon District -
Saharsa Presently Residing at Maharatha, P.S.- Saharsa, District - Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
Mr. Dinesh Maharaj, Advocate
For the State : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
7 16-01-2026 The case is at the stage of Admission.
2. The present petition has been filed for setting aside
the ex-parte final maintenance order dated 15.10.2019, passed
by learned Principal Judge, Family Court, Saharsa in Misc. Case
No. 53 of 2016, filed under Section 125 Cr.PC.
3. The Opposite Party No. 2 and her two minor
children, who are O.P. Nos. 3 & 4, had filed the said Misc. Case
for monthly maintenance of Rs. 15,000/- from the petitioner
herein, who is husband of O.P. No. 2 herein and father of O.P.
Nos. 3 & 4.
4. As per the impugned order, it transpires that
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initially, the petitioner herein appeared in the case on notice
before the Family Court and after some time, on account of
reconciliation, the O.P. No. 2 along with her minor children
started living with the petitioner herein and he was under
impression that the case would get terminated. However, the
case proceeded and order was passed ex-parte and the petitioner
could not file his reply to the maintenance petition, nor could he
adduce any evidence in support of his defence against the
maintenance petition.
5. At this stage, learned counsel for the petitioner is
seeking permission to withdraw the present petition and file
appropriate application under Proviso to Section 126(2) of
Cr.PC for setting aside the ex-parte order. The petitioner is also
ready to pay half of the maintenance amount in terms of the
impugned order at the time of setting aside the impugned order
and proceeding further giving opportunity to the petitioner to
file his reply and evidence and cross-examination of the
witnesses of O.P. Nos. 2, 3 and 4.
6. At this stage, learned counsel for the petitioner
submits that for the last two years, he is not in contact with the
petitioner herein and he is not in a position to say whether there
is any compromise between the parties and they are living
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together or not. He is also seeking liberty that in case the parties
have already entered into settlement and living together, there
should be provision that he will be not required to pay any
amount towards maintenance.
7. Hence, permission is granted to the petitioner to
withdraw the present petition, subject to condition that if there is
no compromise already entered into between the parties, learned
Court below will consider the application of the petitioner, if
filed under Proviso to Section 126(2) of Cr.PC, and will be
entertained and at the time of setting aside the impugned order
for proceeding further, the petitioner will be required to pay half
of the total maintenance amount in terms of impugned order as
per which the petitioner herein has been directed to pay Rs.
5,000/- per month to the private opposite parties towards their
maintenance.
8. Accordingly, the present petition stands disposed
of.
9. LCR is already received by this Court and hence,
the office is directed to send back the same forthwith along with
a copy of this order.
(Jitendra Kumar, J.)
ravishankar/-
U T
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