Neutral Citation No. - 2025:AHC-LKO:12452 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 1022 of 2025 Petitioner :- Virendra Kumar Sharma Respondent :- Gayatri Sharma Counsel for Petitioner :- Suresh Chandra Shukla Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the petitioner. 2. The present petition is filed with the following prayer :- Set aside the order dated 10.2.2025 passed by learned Additional Principal Judge, Family Court, Lucknow in Case No.470/2018 (Gayatri Sharma Vs. Virendra Kumar Sharma) under Section 125 Cr.P.C., whereby rejected the recall application filed by petitioner as well as order dated 20.12.2024 passed by learned Additional Principal Judge, Family Court, Lucknow in aforesaid case. 3. Learned counsel for the petitioner submits that marriage of the petitioner was solemnized with the private respondent on 15.2.2006 and out of their wedlock, one daughter was born on 10.3.2007 but due to interference of in-law's of the private respondent, some dispute was arisen in between the parties, as a result, private respondent left the house of the petitioner. Thereafter, on the basis of incorrect facts, one F.I.R. was lodged on 8.6.2017 and an application under Section 125 Cr.P.C. was filed by the private respondent. He further submits that petitioner is maintaining his daughter as well as unmarried sister, who is suffering from ailment and private respondent was adamant to oust the sister of the petitioner from the house. Learned counsel for the petitioner submits that Rs.2,000/- & Rs.5,000/- are being paid to the private respondent as interim maintenance under the provisions of Section of 125 Cr.P.C. as well as provisions of Protection of Women from Domestic Violence Act. He also submits that proceeding of the case in question is going on and case was listed but due to ailment, he could not appear before the court below and exemption application was moved by counsel for the petitioner for recording statement but in place of granting time, opportunity of petitioner was closed and later on application for recall of order 20.12.2024 was moved, which was rejected on 10.2.2025. He further submits that applicant is ready to record his evidence before the trial court on any date, which is to be fixed by this Court, therefore, indulgence of this Court is necessary. 4. Considering the submissions of learned counsel for the petitioner and going through the contents of the impugned order was well as order dated 20.12.2024, it is evident from the record that interim maintenance of Rs.7,000/- is being paid, therefore, it was obligatory on the part of the court below to consider the application for grant of time sympathetically but the same was rejected and opportunity of recording evidence was closed. In such circumstances, this Court is of the view that in the interest of justice, one opportunity must be given to the petitioner for recording his evidence, accordingly, present petition is allowed and order dated 10.2.2025 and 20.12.2024 are hereby set aside. 5. It is also informed that matter is fixed for 6.3.2024, therefore, petitioner is directed to appear before the court below to record his evidence on the date fixed at 11:30 A.M. and pay the amount of Rs.2,500/- to the private respondent in the court. Order Date :- 3.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench