Single judge order granting the applicant an opportunity to file objection in an ex-parte maintenance suit before dismissing his Section 482 Cr.P.C. application to quash the ex-parte orders.
Opportunity granted to applicant to file objection; Section 482 application disposed of.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 733 of 2020
Applicant :- Banti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed for quashing the order dated 22.10.2018 as well as order dated 20.9.2019 passed by Additional Principal Judge, Family Court, Firozabad in Original Suit No. 888 of 2017 (Priti Vs. Banti), under Sections 125 Cr.P.C., police station Firozabad, district Firozabad.
The contention of the counsel for the applicant is that applicant solemnized marriage with opposite party no. 2 on 9.5.2016 and in the month of April, 2017, opposite party no. 2 left her matrimonial house without any cogent reason. Thereafter, on 10.11.2017 opposite party no. 2 filed an application under section 125 Cr.P.C. before the Principal Judge, Family Court, Firozabad for maintenance allowance of Rs. 10,000/(Annexure-1). That applicant appeared and contested the abovesaid case. That on the date fixed i.e. 22.10.2018, applicant could not appear in the court and trial court proceeded to exparte. Thereafter, applicant filed a recall application for recalling of the order dated 22.10.2018 and the same was recalled vide order dated 2.9.2019 and next date was fixed as 20.9.2019 for filing the objection by the applicant. That due to sudden demise in the family of the applicant, he could not appear on 20.9.2019 and could not deposit the cost imposed upon him by the trial court, hence learned trial court again proceeded the case as ex-parte . Being aggrieved with this order, applicant again filed a recall application for recalling of the order dated 20.9.2019 but the same was dismissed vide order dated 1.11.2019. Learned counsel further submits that closing the opportunity of filing of objection by the impugned order is misuse of process of law so in the interest of justice one more opportunity may be given to the applicant to file his objection.
After hearing the rival submissions of the parties as well as considering the facts and circumstances of the case, one more
opportunity is granted to the applicant to file his objection subject to deposit his cost as directed by the trial court.
With the aforesaid direction, the application is finally disposed of.
Order Date :- 10.1.2020 Vibha Singh
2 issues framed by the court
Whether the applicant, aggrieved by an ex-parte order in a maintenance suit, is entitled to a fresh opportunity to file objection.
Whether the ex-parte proceedings in maintenance proceedings constitute a misuse of process of law warranting intervention under Section 482 Cr.P.C.
1 provisions across 1 enactments
Banti
State of U.P.
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
