Neutral Citation No. - 2025:AHC:36731 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2446 of 2025 Petitioner :- Subedar Bind Respondent :- Smt. Sanju Counsel for Petitioner :- Shreeprakash Singh,Vishwanath Vishwakarma Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the following prayers:- "(A) Issue an order or direction to set aside the impugned order dated 21.02.2024 passed by Additional Principal Judge, Family Court, Ist, Jaunpur in Case no. 974 of 2018 (Smt. Sanju versus Subedar Bind). (As contained in Annexure no. 5 to this petition)." 3. It is the statement of learned counsel for the petitioner that without considering the specific averments made in the pleadings that the respondent is leading her life in adultery and as such she is not liable to be extended any maintenance in pursuance to Section 125 Cr.P.C, impugned order dated 21.02.2024 granting maintenance in favour of respondent has been passed. 4. Learned counsel for the petitioner further submitted that the ground of adultery has not been dealt with properly and the order dated 21.02.2024 has been passed against the petitioner without any substantial evidence and is in complete contravention of Section 125(4) Cr.P.C. as such the same is liable to be set aside. 5. Since arguments raised by learned counsel for petitioner is over legal issues and as such process to issue notice to respondent is hereby dispensed with. 6. On the basis of the arguments raised by learned counsel for the petitioner and the materials available in the record prima facie it is crystal clear that the grounds whatsoever has been raised by learned counsel for the petitioner has been highlighted through his objection preferred at the behest of the petitioner before learned Additional Principal Judge, Family Court, Jaunpur but the same has not been properly dealt. 7. In view of the aforementioned discussion, impugned order dated 21.02.2024 is hereby set aside. Matter is remitted back to learned Additional Principal Judge, Family Court, Ist, Jaunpur for deciding the application preferred at the behest of respondent as fresh by way of considering the entire grounds whatsoever is available before learned court concerned and available in the objection/reply to the application preferred by respondent. 8. The above mentioned exercise shall be expedited as soon as possible within a period of four months from the date of production of certified copy of this order, by way of giving proper opportunity of hearing to all concerned. 9. The instant petition stands allowed accordingly. Order Date :- 12.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad