The Allahabad High Court has dismissed a criminal revision challenging an ex parte maintenance order, holding that the remedy lies before the Family Court under the statutory framework of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Justice Praveen Kumar Giri was hearing a revision filed by a husband against an ex parte order dated August 20, 2025, passed by the Principal Judge, Family Court, Jhansi, directing him to pay ₹30,000 per month as maintenance to his wife under Section 144 BNSS (corresponding to Section 125 CrPC).
The husband contended that the order was passed without affording him an opportunity of hearing and that the maintenance amount was excessive, particularly as he is a retired Air Force personnel with no substantial income.
Opposing the plea, the wife submitted that the husband had been duly served notice but deliberately failed to appear before the Family Court, leading to the ex parte order. It was further argued that an effective statutory remedy exists under Section 145(2) BNSS (corresponding to Section 126(2) CrPC) for setting aside such ex parte orders.
Accepting this contention, the High Court held that the revision was not maintainable in view of the availability of an efficacious alternative remedy. It observed that the jurisdiction to recall an ex parte maintenance order lies with the Magistrate or the Family Court under Section 145(2) BNSS, and such remedy must be exhausted before approaching the High Court.
The Court further noted that the impugned order had been passed after due service of notice upon the husband and that he had failed to avail the statutory remedy provided under law.
Accordingly, the Court dismissed the revision on the ground of maintainability, while granting liberty to the husband to approach the Family Court for recall of the ex parte order and to seek condonation of delay, if required, in accordance with law.
Appearances:
Counsel for Revisionist(s) : Kuldeep Kumar, Ravi Prakash Chaurasiya
Counsel for Opposite Party(s) : G.A.
