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2025 DAILYLAW 117055 (ALL)

RAVIKANT PANDEY THRU. HIS FATHER SHASHIKANT PANDEY v. SMT. NEHA PANDEY

CRLR/55/2025 · 2025-01-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2853 Court No. - 16 Case :- CRIMINAL REVISION No. - 55 of 2025 Revisionist :- Ravikant Pandey Thru. His Father Shashikant Pandey Opposite Party :- Smt. Neha Pandey Counsel for Revisionist :- Neeraj Pandey,Shashwat Pratap Singh Hon'ble Karunesh Singh Pawar,J. 1.The revision has been filed for setting aside order dated 18.10.2024 passed by First Addl. Principal Judge, Family Court, Raebareli in Crl. Case No.444 of 2022. 2.Heard learned counsel for the revisionist and learned A.G.A. for the State. In view of the proposed order, notice to private respondent is dispensed with. 3.A perusal of the record shows that after 17.2.2024, the revisionist has not appeared in the court on multiple dates and ultimately on 5.9.2024, he appeared in the court and gave an application 32-kha to the effect that he is mentally sick and is being treated in different hospitals. However, it appears that no documentary medical prescription has been filed with the said application. Again, 11.9.2024 was fixed on which date again, the revisionist remained absent. One more opportunity was given on an application given by the revisionist. Again on 23.9.2024, he did not appear in the court. Thereafter, he gave an adjournment application which was rejected by the court. Lastly on 3.10.2024, 17.10.2024 was fixed, still he did not appear in the court. Consequently, the ex parte order impugned in this revision was passed. The record further shows that the Court while considering plea of mental sickness of the revisionist has considered the evidence and his cross examination before the court and thus has arrived at the conclusion that he wants to delay the trial and he is otherwise mentally fit. It is not in dispute that the private respondent is destitute and is legally wedded wife of the revisionist. She is residing away from revisionist for sufficient cause as she was subjected to cruelty relating to demand of dowry. The revisionist has a permanent house, 10 bigha of land as well as medical store and sufficient means to maintain his wife. 4.From the discussion made herein above, I do not find any illegality in the impugned order. 5.The revision is devoid of merit and is accordingly dismissed. Order Date :- 16.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench