Neutral Citation No. - 2025:AHC:70928 Court No. - 79 Case :- CRIMINAL REVISION No. - 4326 of 2024 Revisionist :- Nishit Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abhishek Singh,Yadu Nath Singh 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 record. The present criminal revision has been filed with prayer to allow this revision and set aside the impugned judgment and order dated 23.07.2024 passed by Principal Judge, Family Court, Ghazipur in Criminal Misc. Case No.862 of 2020 (Neha Upadhyay vs. Nishit Kumar Mishra) under Section 125 Cr.P.C., Police Station Kotwali, District Ghazipur whereby learned court has rejected the application of the revisionist for jurisdiction of the hearing to the family court in District Ghazipur. It is submitted by learned counsel for the revisionist that in this case revisionist is husband of opposite party no.2 who is working in Bihar and marriage was also performed in Bihar. She never lived in Ghazipur but present case was filed in Family Court, Ghazipur u/s 125 Cr.P.C. The revisionist moved an application raising objection on the part of the jurisdiction but it was rejected by the learned court which cannot be said to be lawful, therefore, request to set aside the order dated 23.07.2024 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. Considering 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 23.07.2024, it appears that an application u/s 125 Cr.P.C. filed by the opposite party no.2 in Family Court, Ghazipur was registered as Case No.862 of 2020. The revisionist moved an application under Order 7 Rule 11 of C.P.C. readwith Section 126 Cr.P.C that application u/s 125 Cr.P.C. is not maintainable in the Family Court, Ghazipur though he admitted the fact in para no.2 that the applicant was married with him on 25.01.2019 at Ghazipur and further stated that both of them lastly resided at Buxar in Bihar as husband and wife. From the objection raised by the revisionist, it is crystal clear that their marriage was performed in Ghazipur on 25.01.2019, therefore, on the ground that the wife is working as lecturer in Sociology Department in Shiv Shankar Higher Madhyamik Vidayalaya, Buxar, Bihar it cannot be said that learned Family Court, Ghazipur has no jurisdiction in this regard but it has jurisdiction to hear the case. The learned trial court has committed no any error in passing the order dated 23.07.2024 but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 5.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad