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2025 DAILYLAW 117214 (ALL)

MANOJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

CRLR/53/2025 · 2025-01-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2845 Court No. - 16 Case :- CRIMINAL REVISION No. - 53 of 2025 Revisionist :- Manoj Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Revisionist :- D.P. Dutt Tiwari,Deepika Gupta,Ram Prasad Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The revision has been filed for setting aside order dated 16.11.2024 passed by First Addl. Principal Judge, Family Court, Hardoi in Crl. Misc. Case No.318 of 2023. 2.Heard learned counsel for the revisionist and learned A.G.A. for the State. In view of the proposed order, notice to private respondents is dispensed with. 3.A perusal of the impugned order shows that it is not in dispute that respondent No.2 is wife of the revisionist and respondent No.3 is minor child. It appears that they have been ousted from the house of the revisionist on 21.12.2022 and since then respondents are residing in the paternal house of respondent No.2. The revisionist though has not filed any documentary evidence about source of his income, however, he has adequate means to maintain respondents 2 and 3. It further appears that respondents 2 and 3 are destitute and they are unable to maintain themselves. Thus, considering these aspects, the impugned order has been passed in an ex parte proceeding as the revisionist has not appeared before the trial court. 4.Learned counsel for the revisionist fairly submitted that the revisionist has not paid a single penny to respondents 2 and 3. 5.There appears to be no illegality in the order impugned. The revision is devoid of merit and is accordingly dismissed. 6.Let a copy of this order be sent to the trial court, forthwith. Order Date :- 16.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench