HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2663 of 2026 Court No. - 87 HON'BLE PRAVEEN KUMAR GIRI, J. 1. Shri Rishi Kant Rai, learned counsel for the revisionist submits that he has preferred the instant criminal revision with the relief which has been mentioned in the prayer clause of the revision. 2. The relief which has been mentioned in the revision is delineated below:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this revision and set aside the impugned order dated 16.03.2026 passed by Addl. Principal Judge Family Court, Room No.-03, Deoria, in Execution Case No. 700/2024 'Shashi vs. Ajay' U/s 128 Cr.P.C., and allow the objection 16C filed by revisionist in the above execution case before family court." 3. Learned counsel for the revisionist submits that the revisionist is working in the Border Security Force (B.S.F.) on the post of Constable G.D. He further submits that his marriage was solemnized in the year 2001 with Shashi Singh Gudiya and from the wedlock, there are three children and the revisionist is currently residing with his wife, Shashi Singh Gudiya and their three children in West Bengal (at his posted place). Versus Counsel for Revisionist(s) : Rishi Kant Rai, Sudhir Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Ajay Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel for the revisionist further submits that opposite party No.2, namely Shashi Singh, is claiming herself to be the wife of the revisionist, alleging that her marriage with the revisionist was solemnized on 22.05.1998. He further submits that the revisionist has no knowledge about the alleged marriage with Shashi Singh on 22.05.1998 and thus the claim of opposite party No.2 to be the wife of the revisionist is false and, therefore, she is not entitled to any maintenance. 5. Learned counsel further submits that the maintenance amount was awarded by an ex parte order dated 13.05.2024 in the tune of Rs. 14,000/- payable to opposite party No.2. Against the said order dated 13.05.2024, the revisionist filed an application under Section 145(2) BNSS on 06.09.2024 for recalling the order on cost as provided under Section 145(2) BNSS and the application is still pending and during its pendency, the impugned order of recovery as well as an arrest warrant has been passed by the Additional Principal Judge, Court No.3, Family Court, Deoria, vide order dated 16.03.2026. 6. Learned counsel for the revisionist further submits that before execution of the ex parte order, the pending application under Section 145(2) BNSS may be directed to be decided by the concerned Family Court and thereafter the recovery order may be passed. 7. This Court, in the interest of justice, directs the Additional Principal Judge, Family Court No.3, Deoria to decide the pending application filed under Section 145(2) BNSS within a period of 10 days from the date of this order. 8. The impugned order dated 16.03.2026 is kept in abeyance subject to the final adjudication of the pending application filed under Section 145(2) BNSS. 9. It is made clear that in case of non-cooperation by the revisionist in deciding the pending application filed under CRLR No. 2663 of 2026 2 Section 145(2) BNSS, the Additional Principal Judge, Family Court, Deoria may continue the recovery order passed earlier. 10. With the above observations and directions, the revision is allowed. April 23, 2026 K.Tiwari CRLR No. 2663 of 2026 3 (Praveen Kumar Giri,J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad