Ravish Kumar v. Manisha Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.41 of 2020 Arising Out of PS. Case No.- Year-0 Thana- District- Banka ====================================================== Ravish Kumar, Son Of Bhaso Yadav, Resident Of Village-Pratappur, Police Station-Shambhuganj, District-Banka.

... ... Petitioner/s

Versus

Manisha Devi, Daughter Of Basuki Yadav, Presently Residing At Barsabad, Police Station-Shambhuganj, District-Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Advocate For the O.P.

:

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 04-03-2025 The present revision petition has been preferred against the impugned judgment dated 27.11.2018, passed by learned Principal Judge, Family Court, Banka in Misc. (Maintenance) Case No. 68 of 2018, whereby the learned Family Court has passed ex-parte judgment, directing the petitioner to pay Rs. 6,000/- per month to his wife towards her maintenance.

2. Learned counsel for the petitioner submits that the judgment has been passed ex-parte, though he was not served upon any notice. Hence, he was confronted with the provisions of Section 126(2) Cr.PC, which provides provision for filing appropriate application before the Family Court to set aside the ex-parte order. Hence, he is seeking permission to withdraw the

Patna High Court CR. REV. No.41 of 2020(6) dt.04-03-2025 2/2 present petition with liberty to file an appropriate application for setting aside the ex-parte order before the learned Family Court.

3. Permission is accorded.

4. Accordingly, the present petition is dismissed as withdrawn with liberty to the petitioner to file an appropriate application before the Family Court for setting aside the impugned ex-parte order under Section 126(2) Cr.PC. (Jitendra Kumar, J) S.Ali/- U T