Court No. - 88
Case :- APPLICATION U/S 482 No. - 13464 of 2021 Applicant :- Sumit Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri M.R. Khan, learned counsel for applicant, learned A.G.A. for the State and perused the record.
The present application U/s 482 Cr.P.,C. has been filed by the applicant, who is husband, against the order dated 29.8.2019 passed by Principal Judge, Family Court, Kanpur Dehat in Case No.412 of 2018 (Smt. Sonam Yadav and another Vs. Sumit Yadav), by which application U/s 125 Cr.P.C. was allowed ex- parte.
It is submitted by learned counsel for applicant that the maintenance awarded by learned Family Court is highly excessive and there was no evidence or material before the court below regarding monthly income of applicant.
From perusal of impugned order dated 29.8.2019, it appears that order has been passed ex-parte against the applicant, therefore, the applicant has statutory remedy under Section 126(2) Cr.P.C. to file recall application for recalling the ex-parte order.
In view of above, present application U/s 482 Cr.P.C. is not maintainable and is dismissed on the ground of statutory remedy as available to the applicant.
Order Date :- 24.9.2021 Kpy