Neutral Citation No. - 2025:AHC:21267 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14092 of 2024 Petitioner :- Umesh Kumar Yadav And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Pradeep Chauhan,Shiva Kant Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shiva Kant Srivastava, learned counsel for petitioners, Sri Raghvendra Prakash, learned counsel for respondent no. 2 and learned AGA for the State. 2. Present petition has been preferred with the following prayers:- "(i) set aside the impugned order dated 16.10.2024 passed by Sessions Judge, Azamgarh in Criminal Appeal no. 1000103 of 2024 (Umesh Kumar Yadav and others vs. State of U.P. and another) as well as order dated 19.10.2023 passed by Civil Judge (S.D.) F.T.C/Additional Chief Judicial Magistrate, Azamgarh in Misc. Case no. 48 of 2022 (Sushma @ Neelam vs. Umesh Kumar Yadav and others), under Section 12 Domestic Violence Act, Police Station- Tahbarpur, District- Azamgarh, during the pendency of the instant petition before this Court." 3. It is the case of the petitioners that respondent no. 2 preferred a complaint under Section 12 of Domestic Violence Act against the petitioners whereupon proceedings were initiated and learned Civil Judge (S.D.) F.T.C./Additional Chief Judicial Magistrate, Azamgarh passed ex parte order dated 19.10.2023 and directed petitioner no. 1 to pay Rs.3000/- per month to respondent no. 2 from the date of filing of the complaint. Being aggrieved with order dated 19.10.2023, petitioners have preferred a Criminal Appeal before learned District and Sessions Judge, Azamgarh who without considering the facts, rejected the appeal of the petitioners vide his order dated 16.10.2024 which has been challenged through the instant petition. 4. It is contended by learned counsel for the petitioners that order dated 19.10.2023 has been passed without serving any notice upon the petitioners and as such the same is against the principles of natural justice and is liable to be set aside. 5. Learned counsel for respondent no. 2 as well as learned AGA vehemently opposed the prayer sought through the instant petition but could not deny the contention that order dated 19.10.2023 is ex parte. 6. After hearing the rival submissions and perusing the records, it is crystal clear that order dated 19.10.2023 is ex parte and is against the principles of audi alteram partem, hence the same is liable to be set aside. 7. In view thereof, order dated 19.10.2023 passed by learned Civil Judge (S.D.) F.T.C/Additional Chief Judicial Magistrate, Azamgarh in Misc. Case no. 48 of 2022 and order dated 16.10.2024 passed by learned Sessions Judge, Azamgarh in Criminal Appeal no. 1000103 of 2024 are hereby set aside. Matter is remitted back to learned court of Civil Judge (S.D.) F.T.C/Additional Chief Judicial Magistrate, Azamgarh, to decide afresh after due opportunity of hearing to both the parties within two months from the date of production of certified copy of this order. 8. It is made clear that the above mentioned direction shall be applicable only, if the petitioner extends Rs.75,000/- in favour of respondent no. 2 within a month from today. 9. The instant petition stands disposed of accordingly. Order Date :- 13.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad