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2025 DAILYLAW 56341 (ALL)

MOHD. ALI AHMAD v. STATE OF U.P. AND ANOTHER

CRLR/2326/2025 · 2025-07-24

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122452 Court No. - 84 Case :- CRIMINAL REVISION No. - 2326 of 2025 Revisionist :- Mohd. Ali Ahmad Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anees Ahmad Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the present revision and to set aside the order dated 13.02.2025 passed by the learned Principal Judge, Family Court, Kanpur in Case No.698 of 2023 under Section 125 Cr.P.C. (Chandni Fatima vs. Mohd. Ali Ahmad), Police Station Jajmau, District Kanpur Nagar by virtue of which the learned revisional court has enhanced the maintenance awarded by the learned Principal Judge, Family Court Kanpur for an amount of Rs.8000/-. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife of the revisionist who is living apart from him in her maika without any sufficient cause. She filed an application u/s 125 Cr.P.C. with an application for interim maintenance which was allowed by the learned trial court by order dated 13.02.2025 and Rs.8000/- per month were fixed as interim maintenance. Further submits that he could not file his objections on the application for interim maintenance even though the interim maintenance application was decided by the learned trial court without giving opportunity of hearing to him. Learned A.G.A. opposed the prayer as aforesaid. Consideration the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order dated 13.02.2025 passed by the learned trial court, it appears that on an application for interim maintenance paper no.17 the revisionist could not file his objections though received the copy of application even though the application for interim maintenance was decided by order dated 13.02.2025 without giving opportunity of hearing to the revisionist. In such a situation, it will be just and proper to direct the revisionist to move an application before the learned trial court for recall of order dated 13.02.2025 and the learned trial court will also consider his objections while passing the order on application so moved by the revisionist. Accordingly, this criminal revision is disposed of finally. Order Date :- 25.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad