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2015 Supreme(All) 1185

HARSH KUMAR
MOHD. TARIQ – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Amit Daga for the Revisionist; A.G.A., Vikrant Pandey and Sharad Srivastava for the Opposite Parties.

JUDGMENT

Hon’ble Harsh Kumar, J.—Rejoinder-affidavit filed by learned counsel for the revisionist today in the Court is taken on record.

2. Heard learned counsel for revisionist, learned counsel for opposite party No. 2 as well as learned AGA and perused the record.

3. The revision has been filed against the order dated 18.12.2014 passed by Principle Judge, Family Court, Saharanpur in Misc. Case No. 547 of 2013, Mohd. Tariq v. Km. Farheen @ Areeba, by which the application of revisionist under Section 126 (2) Cr.P.C. for setting aside the ex parte order of maintenance dated 13.5.2008 was rejected.

4. The brief facts which are not disputed between the parties relating to the case are that Smt. Alia was married to the revisionist Mohd. Tariq on 25.12.2002 and out of wedlock a daughter Km. Farheen, the opposite party No. 2 born on 6.12.2003. On 1.4.2006, Smt. Alia alongwith her minor daughter Km. Farheen moved an application under Section 125 Cr.P.C., Criminal Case No. 251 of 2006 seeking maintenance at the rate of Rs. 5000/- per month for herself and Rs. 6000/- per month for her minor daughter total Rs. 11,000/- per month. Undisputedly after service of notice on the revisionist, oppos










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