MUKESH KUMAR @ JAI SINGHversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL REVISION DEFECTIVE No. - 1862 of 2026

Mukesh Kumar @ Jai Singh
                                                               .....Revisionist(s)
                                     Versus

State of U.P. and Another
                                                                     .....Opposite
                                                                           Party(s)

Counsel for Revisionist(s)    : Samsher Singh Yadav, Abhishek Gupta
Counsel for Opposite Party(s) : G.A.

     Court No. - 86

                HON'BLE PRAVEEN KUMAR GIRI, J.

     1. Heard Sri Abhishek Gupta, learned counsel for the
     revisionist and Sri Shashidhar Pandey, learned A.G.A. for the
     State.

     2. Learned counsel for the revisionist submits that the instant
     criminal revision has been preferred with the relief which has
     been mentioned in the prayer clause as there is delay of 341
     days in filing this revision. The relief mentioned in the prayer
     clause of the revision is delineated below:-

          "It is, therefore, most respectfully that prayed this Hon'ble
          Court may graciously be pleased to allow the present
          Criminal Revision and to set aside the ex-parte order dated
          05.07.2025 passed by Principal Judge Family Court, Budaun
          by Oust which the revisionist was directed to pay Rs. 3,000/-
          per mont.h as maintenance to the opposite party no.2 from
          the date of application and also may graciously be pleased to
          quash the proceeding of Execution Case No. 1213 of 2025
          (Parul Vs. Mukesh Kumar) under section 147 BNSS pending
          in the court of Principal Judge, Family Court, Budaun in
          pursuance of the ex-parte order dated 05.07.2025. arising
          Out of Case No.708/2024
          And/or pass such other and further or order direction which
          this Hon'ble Court, may deem fit and proper under the
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     circumstances of the case."

3. Learned counsel for the revisionist submits that the
impugned ex parte order dated 05.07.2025 has been passed
without providing opportunity of hearing to the revisionist. He
further submits that the wife of the revisionist/opposite party
no.2 filed an application seeking maintenance from the
revisionist on 15.05.2024 and the trial court has granted
maintenance amount from the date of application to the tune of
Rs.3000/- per month vide impugned ex parte order dated
05.07.2025. He further submits that the revisionist has already
paid Rs.21,000/- in compliance of order dated 05.07.2025 and
the revisionist has not filed any application under Section
126(2) Cr.P.C./145(2) BNSS. He further submits that the
revisionist is ready to clear the entire dues in respect of arrears
of maintenance amount, if any, within a period of two months
i.e. upto November, 2026. He further submits that if the
revisionist deposits the entire dues of arrears of the
maintenance amount upto November, 2026, he may be
permitted to place his evidence before the trial court and the
trial proceedings of the maintenance case may be adjudicated
as per the law laid by the Hon'ble Supreme Court in the case
of Rajnesh vs. Neha and another, (2021) 2 Supreme Court
Cases 324 as well as interim maintenance provided under
Section 125(3) Cr.P.C. and 144(3) BNSS within the stipulated
period.

4. On the submission and undertaking of learned counsel for
the revisionist, this Court, in the interest of justice, directs the
Principal Judge, Family Court, Budaun to accept the arrears of
maintenance amount which may be either Rs.72,000/- or more
or less than that, upto November, 2026. In case, the arrears of
maintenance amount is not deposited within the stipulated
period by the revisionist, the trial court may proceed to execute
the order dated 05.07.2025 by attaching the property of the
revisionist to recover the said amount and in case, the property
is found insufficient, then the trial court shall send the
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                                        revisionist to civil prison for 30 days for every default. If the
                                        amount is deposited, the trial court shall provide opportunity of
                                        hearing to the revisionist treating as this Court has set aside the
                                        order dated 05.07.2025 and the interim application, if any,
                                        filed, the same shall be decided within 60 days from the date of
                                        its filing and the proceedings of Section 125 Cr.P.C./144 BNSS
                                        shall also be decided by the Principal Judge, Family Court,
                                        Budaun as early as possible after providing opportunity of
                                        hearing to the parties and without granting any unnecessary
                                        adjournment to either parties.

                                        5. With the aforesaid direction, the revision is disposed of.



                                                                                     (Praveen Kumar Giri,J.)

                                        September 23, 2026
                                        Manish Himwan




Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad