Rajesh Singh State Of U.P. And 2 Others v. Revisionist

Shri Anand Kumar Singh, learned counsel for the revisionist submits that he has filed the instant criminal revision with the relief which has been mentioned in the prayer clause of the revision.

The relief which has been mentioned in the revision is delineated below:- "(i)-Allow the present criminal revision and set-aside the impugned judgment/order dated: 09.03.2026 passed by learned Additional Principal Judge, Family Court, Court No. 3, Kanpur Nagar, in Case No. 902 of 2020 (Smt. Annu Singh & another Vs Rajesh Singh) Police Station Chakeri, District Kanpur Nagar. (ii) Stay the effect and operation of impugned judgment/order dated:

09.03.2026 passed by the learned Additional Principal Judge, Family Court, Court No. 3, Kanpur Nagar, in Case No. 902 of 2020 (Smt. Annu Singh & another Vs Rajesh Singh) Under Section 125 of Cr.P.C. Police Station Chakeri, District Kanpur Nagar. "

Learned counsel for the revisionist submits that the wife-opposite party No.2 has filed an application under Section 125 Cr.P.C. for grant of maintenance from her husband for herself as well as for the daughter. He further submits that the amount of maintenance granted to the wife and major daughter is not commensurate with the income of the revisionist and, therefore, the impugned order is liable to be modified or set aside. 2 CRLR No. 3052 of 2026

Learned counsel for the revisionist further submits that the application filed by wife under Section 125 Cr.P.C. in the year 2020 was registered as Case No.902/2020 and due to non-appearance of the revisionist, the Principal Judge, Family Court, Kanpur Nagar passed an ex parte order granting maintenance to the wife vide order dated 20.07.2022. He further submits that against the said ex parte order, the revisionist preferred an application under Section 126(2) Cr.P.C. along with delay condonation application under Section 5 of the Limitation Act.

Learned counsel for the revisionist further submits that the application under Section 5 of the Limitation Act was allowed on the cost of Rs. 81,000/- vide order dated 11.08.2023. He further submits that the application filed under Section 126(2) Cr.P.C. was also allowed and the ex parte order dated 20.07.2022 was recalled by the Principal Judge, Family Court, Kanpur Nagar at cost of Rs. 40,000/- vide order dated

02.02.2024.

Learned counsel for the revisionist further submits that the revisionist has deposited the entire amount of cost in the account of the Principal Judge, Family Court, Kanpur Nagar.

Learned counsel for the revisionist further submits that on 09.03.2026, the Additional Principal Judge, Family Court, Kanpur Nagar finally decided the application filed under Section 125 Cr.P.C. by passing the impugned order directing the revisionist to pay Rs.5,000/- to the wife and Rs.2,500/- to the major daughter, which does not commensurate with the income of the revisionist.

Learned State Law Officer Sri Mayank Awasthi assisted the Court that