- (1.) Heard learned Counsel for the petitioner and learned Additional Government Advocate for the State as well as perused the documents available on record.
(2.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioner for quashing the ex-parte judgment and order dated 21.1.2009 (Annexure No. 1) passed by the learned Principal Judge, Family Court, Faizabad as well as the impugned for attachment and sell warrant (Annexure 4) issued by the learned Principal Judge, Family Court, Faizabad.
(3.) From a perusal of the record, it appears that the opposite party No. 2Smt. Kumkum Nishad had moved an application under Section 125 of the Code before the Family Court, Faizabad against the petitioner for interim maintenance which was allowed by the learned Principal Judge, Family Court, Faizabad vide impugned judgment and order dated 21.1.2009. Thereafter, the opposite party No. 2 moved an application under Section 128 of the Code for realization of the arrears of interim maintenance allowance. The learned Principal Judge, Family Court, Faizabad on the application moved under Section 128 of the Code issued order for attachment and sale of the property of the petitioner vide impugned order (Annexure 4).;