An ex-parte maintenance order can be challenged through specified statutory remedies, and failing to utilize these avenues renders a revision petition unmaintainable.

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.

B. To suspend the operation and execution of the orders impugned dated 20.08.2025 during the pendency of the present Criminal Revision and summon the entire record of the Cri Case No.762 of 2025; viz; Smt Pratibha Kushwaha -Versus- Anup Kumar from the court of learned Principal Judge Family Court Jhansi decided on 20.08.2025 AND the entire record of the pending execution case under section 147 BNSS 2023 Cri Misc Case no. 1471/2025 viz; Smt Pratibha Kushwaha -Versus- Anup Kumar from the court of learned Principal Judge Family Court Jhansi"

4. Learned counsel for the revisionist submits that in the present case, an ex-parte order dated 20.08.2025 under Section 144 B.N.S.S. (corresponding Section 125 Cr.P.C.) has been passed by the Principal Judge, Family Court, Jhansi, whereby the revisionist has been directed to pay maintenance of Rs.30,000/- per month to the opposite party without affording an opportunity of hearing to the revisionist. The operative portion of the order dated 20.08.2025 as well as the provision of Section 144 B.N.S.S. (corresponding Section 125 Cr.P.C.) are delineated below respectively:

"144. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself; or

(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Judicial Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses of pr