Court directs Anup Kumar to seek remedy under Section 145(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for setting aside the ex-parte order instead of filing a revision.
In a significant ruling, the Allahabad High Court, presided over by Justice Praveen Kumar Giri, has dismissed a criminal revision petition filed by Anup Kumar challenging an ex-parte maintenance order. The order, passed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, directed Kumar to pay a monthly maintenance of Rs. 30,000 to his estranged wife, Smt Pratibha Kushwaha.
The court emphasized that the revision was not maintainable as the appropriate remedy for Anup Kumar lies under Section 145(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. This provision allows a party to approach the trial court to set aside ex-parte proceedings by demonstrating sufficient cause. The judgment clarified that Kumar should have first sought to recall the ex-parte order at the trial court level instead of directly filing a revision petition before the High Court.
The High Court noted that the ex-parte order was issued by the Principal Judge of the Family Court in Jhansi after due service of notice to Anup Kumar, who failed to appear. The court reiterated that the statutory mechanism under Section 145(2) provides a comprehensive process for contesting such orders, including the possibility of filing a delay condonation application if necessary.
Counsel for the revisionist argued that the maintenance amount was excessive given Kumar's financial status as a retired Air Force personnel. However, the court upheld the procedural integrity of the family court's decision, highlighting that the revisionist's absence resulted in the ex-parte ruling.
The judgment also referenced earlier cases involving the parties and affirmed the availability of a specific statutory remedy for setting aside the ex-parte order. The court directed Anup Kumar to approach the family court to present his case on merits, reinforcing the principle of exhausting alternative remedies before seeking revision.
In conclusion, the High Court dismissed the revision petition, underscoring the importance of adhering to procedural requirements under the Bharatiya Nagarik Suraksha Sanhita, 2023. This decision reinforces the judiciary's commitment to ensuring that litigants utilize the prescribed legal avenues before escalating matters to higher courts.
Bottom Line:
Revision against ex-parte maintenance order under Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023 is not maintainable. Remedy lies under Section 145(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, which allows the party to move an application before the trial court to set aside ex-parte proceedings.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 144, 145(2).
Anup Kumar v. Smt Pratibha Kushwaha, (Allahabad) : Law Finder Doc id # 2875320
