HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5894 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Deepak Agrawal, learned counsel for the revisionist, Sri Sanjay Srivastava, learned counsel for opposite party no.2 and learned AGA for the State. 2. This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the judgment and order dated 22nd October, 2024 passed by the Principal Judge, Family Court, Kanpur Nagar in Criminal Misc. Case No. 839 of 2024 (Ankit Mishra vs. Manju) under Section 126 (2) Cr.P.C. related to Original Suit No. 839 of 2024 (Manju vs. Ankit Mishra) U/s 125 Cr.P.C., P.S. Gwaltoli, District Kanpur Nagar. 3. Learned counsel for the revisionist mainly contended that the trial court has allowed the application U/s 126 (2) of the revisionist at the cost of Rs. 52,000/- but the same was not deposited by him and now the revisionist is willing and ready to pay the amount imposed by the trial court. Learned counsel further submits that he has filed the instant revision challenging the validity of marriage of opposite party no.2 with the revisionist. 4. Learned AGA and learned counsel appearing for the opposite party no.2 opposed the prayer and submitted that opposite party no.2 is legally wedded wife of the revisionist and it is the pious duty of the husband to maintain his wife. Therefore, the order impugned passed by the trial court does not require interference by this Court. 5. Considering the facts and circumstances of the case and arguments advanced by the counsels appearing on behalf of the parties, the instant criminal revision is allowed and the impugned order 22nd October, 2024 Versus Counsel for Revisionist(s) : Deepak Kumar Counsel for Opposite Party(s) : G.A., Sanjay Srivastava Ankit Mishra .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) passed by the Principal Judge, Family Court, Kanpur Nagar in Criminal Misc. Case No. 839 of 2024 (Ankit Mishra vs. Manju) under Section 126 (2) Cr.P.C. related to Original Suit No. 839 of 2024 (Manju vs. Ankit Mishra) U/s 125 Cr.P.C. is set aside. The revisionist is directed to deposit the amount imposed i.e. 52,000/- by the trial court while allowing the application U/s 126 (2) Cr.P.C. and the mater is remitted back to the trial court to decide the same afresh after providing adequate opportunity of hearing to both the parties concerned to adduce their respective evidence specially on the issue of the legal validity of marriage and whether opposite party no.2 is legally wedded wife of the revisionist or not, by a speaking and reasoned order, expeditiously, preferably within a period of three months from the date, a certified copy of this order is produced before the trial court. 6. It is made clear that if trial court finds that opposite party no.2 is not legally wedded wife of the revisionist, then the amount to be deposited by the revisionist (as directed above) shall be returned to him. September 23, 2025 C. MANI CRLR No. 5894 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad