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2023 Supreme(All) 1191

RENU AGARWAL
Gyanendra Asthana – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Anurag Shukla, Abhishek Mishra, Anil Kumar Jaiswal, Mohammad Hamza Beg
For the Opposite Party : Bahar Ali, Prasoon Srivastava

JUDGMENT :

1. Heard learned counsel for the revisionist, learned AGA for the State and learned counsel for the opposite party No. 2.

2. The present revision is preferred under Section 397 read with 401 Cr.P.C. read with Section 19(4) of Family Courts Act against the impugned judgment and order dated 07.02.2020, passed by Additional Chief Judicial magistrate, Family Court, Court No. 2, Sitapur in Criminal Case No. 1850 of 2014 pertaining under Section 125 Cr.P.C. by means of which the revisionist has been ordered to give maintenance to his ex-wife in absolutely illegal, improper and unfounded manner.

3. It is submitted that judgment and order passed by the Court below is illegal and perverse as the trial court has not taken into consideration that decree of divorce has been passed in Regular Civil Suit No. 18 of 2005 under Section 13 of Hindu Marriage Act and proceeding under Section 125 Cr.P.C. is summary in nature and the established legal yardsticks postulates that the criminal proceedings are always subsidiary to civil proceedings. In compliance of the decree of divorce passed in Regular Civil Suit No. 18 of 2005 passed by the Court below, revisionist has paid permanent alimony amo

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