Thakur Prasad vs Smt. Kusum Kumari and Another

Vedpal, J.—List revised.

This revision has been filed by the revisionist u/s 39/401 Cr.P.C. against the judgment and order dated 12.4.2001 passed by the Principal Judge, Family Court, Lucknow in Case No. 180 of 1997: Smt. Kusum Kumari v. Thakur Prasad u/s 125 Cr.P.C. whereby maintenance allowance @ Rs. 350/- per month from the date of the application to respondent No. 1 and @ Rs. 500/- per month to respondent No. 2 was granted.

Since none responds on behalf of the parties, therefore, the record was perused and I have also gone through the judgments passed in the matter.

It reveals from the perusal of the record that the respondent No. 1 had moved an application for her as well as on behalf of her minor son for maintenance allowance u/s 125 Cr.P.C. against her husband (revisionist herein). The notice was issued to the revisionist who appeared and filed written statement but subsequent thereto he remained absent and did not turn up. Therefore, the matter was heard ex parte and the application of the respondent Nos. 1 and 2 was allowed vide order dated 12.4.2001. Feeling aggrieved with this judgment and order, this revision has been filed.

It further reveals that the impugned order was passed ex parte the revisionist could not be availed to show sufficient cause for his none appearance in the proceedings u/s 125 Cr.P.C. The petition u/s 125 Cr.P.C. was therefore allowed on the basis of evidence adduced by Smt. Kusum Kumari in the form of affidavit. The learned court below held that assertion of petition stand proved against Thakur Prasad and accordingly the petition was allowed as stated away. There appears no irregularity, illegality or impropriety in the impugned order which may be interfered in this revision. The revision is devoid of merit and dismissal.

Accordingly the revision is dismissed.