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HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Anup Kumar – Appellant
Versus
Pratibha Kushwaha – Respondent
| Table of Content |
|---|
| 1. details of representation and revision relief sought. (Para 1 , 3) |
| 2. right to challenge ex-parte maintenance order. (Para 2 , 4 , 5) |
| 3. availability of alternative remedies in family law. (Para 6 , 7 , 10) |
| 4. dismissal of revision based on lack of maintainability. (Para 8 , 12 , 13) |
| 5. guidance for further proceedings in family court. (Para 11 , 14) |
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. Today, Shri Raghvendra Yadav, Advocate has filed his vakalatnama on behalf of the opposite party, the same is taken on record.
2. Learned counsel for the revisionist submits that he has preferred the instant criminal revision along with delay condonation application with the relief which has been mentioned in the prayer clause of the revision.
3. The relief which has been mentioned in the revision is delineated below:-
"A. To Set-a-side the impugned ex-parte judgment and order dated 20.08.2025 came to knowledge on 01.01.2026 and received on 06.01.2026 passed in Crimal Case No. 762/2025 viz; Smt Pratibha Kushwaha Versus Anup Kumar Under Section 144 BNSS 2023 passed by the learned Principal Judge Family Court Jhansi (as contained in Annexure No. 1) be quashed in the interest of justice please
An ex-parte maintenance order can be challenged through specified statutory remedies, and failing to utilize these avenues renders a revision petition unmaintainable.
A Family Judge can impose payment conditions when setting aside an ex parte maintenance order under Sections 125 and 126 Cr.P.C.
Divorced Muslim women shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after expiry of period of iddat as long as she does not remarry.
Court upheld that a Family Court can impose payment terms when setting aside an ex parte maintenance order, ensuring the entitlement of a spouse to maintenance is preserved.
The court affirmed that ex-parte proceedings are valid when a party fails to appear, and maintenance can be estimated based on available evidence and circumstances.
Procedural fairness is essential in maintenance proceedings; lack of proper notice and inadequate verification of financial claims rendered the subsequent ex-parte order unsustainable.
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