TARIQ Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Rejoinder affidavit filed by learned counsel for the revisionist today in the Court is taken on record.

(2.) The revision has been filed against the order dated 18.12.2014 passed by Principle Judge, Family Court, Saharanpur in Misc. Case No.547 of 2013, Mohd. Tariq Vs. Km. Farheen @ Areeba by which the application of revisionist under section 126 (2) Cr.P.C. for setting aside the ex parte order of maintenance dated 13.5.2008 was rejected.

(3.) Learned counsel for the revisionist contended that the impugned order is wrong on facts and law; that the Principle Judge, Family Court has acted wrongly and incorrectly in rejecting the recall application on the ground that the allegations of compromise between the parties and payment of Rs. 1,00,000/- towards maintenance amount of wife as well as minor daughter are not supported by any documentary evidence and oral allegations may not be accepted; that the learned Principle Judge, Family Court has acted wrongly in holding that in case the amount of Rs.1,00,000/- was paid towards lump sum payment of maintenance amount for wife as well as minor daughter both then the same ought to have been reduced into writing and revisionist would have got the case decided on such ground and would not have absconded from trial. Learned counsel for revisionist also contended that Smt. Alia, the mother as well as guardian of opposite party no.2 has made re-marriage and the revisionist has also moved an application seeking custody of opposite party no.2.