Allowed

Gitesh Banjare v. Smt. Sushma Banjare

Chhattisgarh HC6 Nov 2024CRR/955/2024

Case brief

AI extract

What is this about?

The High Court quashed the Family Court's order granting maintenance due to procedural lapses and violation of natural justice, as the applicant was not given an opportunity to cross-examine witnesses or lead evidence. The matter was remanded for completion of evidence within four months, with interim maintenance set at Rs. 3,500 per month.

What did the court decide?

Impugned order quashed; matter remanded for completion of evidence within 4 months; interim maintenance set at Rs. 3,500 per month.

Gitesh Banjare Vs Smt. Sushma Banjare — Maintenance and Alimony | Chhattisgarh HC (2024)

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2024:CGHC:43429

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRR No. 955 of 2024

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Gitesh Banjare S/o Shri Dilip Banjare Aged About 26 Years R/o Village - Bhandarpuri, P.S. Kharora, District Balodabazar-Bhatapara (C.G.),...(NonApplicant)

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... Applicant

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versus

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Smt. Sushma Banjare W/o Shri Gitesh Banjare Aged About 25 Years R/o Village - Bhatagaon, P.S. City Kotwali Balodabazar, District BalodabazarBhatapara (C.G.),...(Applicant)

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... Respondent

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For Applicant : Ms. Maya Singh with Mr. Rakesh Manikpuri, Advocates For Respondent : Ms. Nandkumari Kashyap, Advocate

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Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

07/11/2024

The applicant has filed this Criminal revision against the order dated 08.07.2024 passed by Family Court, Balodbazar, District Balodabazar in MCRC No. 224 of 2023 by which the Family Court has allowed the application in part and directed the applicant for payment of Rs. 5,000/- per month to the respondent.

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Digitally signed SANTOSH by SANTOSHKUMAR KUMAR SHARMA SHARMA Date:2024.11.26 11:16:20 +0530

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The applicant assailed the order on the count that no opportunity of hearing was given to the applicant to contest the case.

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Counsel for the applicant would submit that the Family Court without giving an opportunity to cross examined by the respondent wife and after closing of the evidence of the wife he has directly fixed the case for final argument which is not only in violation of principle natural justice as well as procedure lapses on the part of the learned Family Court causing grave prejudice to the applicant. Thus he would submit that impugned order granting maintenance of Rs. 5,000/- to the wife be kindly quashed.

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Per contra, learned counsel for the respondent would submit that ample opportunity was granted to the applicant to participate in the proceedings and he is unnecessary intent to drag the matter by filing an application for ex-parte proceeding set aside on 02.05.2024 which was rejected by the Family Court while recording its finding that no proceedings has been taken place as such without moving any application he can participate in the proceeding. It has also been contended that matter was fixed on 06.06.2024 on that date the respondent remained absent therefore, the Family Court has not committed any illegality in passing the impugned order. She would lastly submit the even the amount of maintenance granted to the applicant is just proportionate to the income of the application as he is earning Rs. 15,0000/- per month from his painting job and he owned three acres of lands from which he is earning Rs. 10,000/- per month, as such counsel for the respondent would pray for rejection of the revision.

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I have heard learned counsel for the parties and perused the record.

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From the record it is quite vivid that learned Family Court has not committed any illegality in rejecting the application for setting aside ex-parte proceeding on 21.05.2024 in between no effective hearing was taken place in the matter. But the applicant was absent on 06.06.2024 as per the contention raised in the present revision application, Nayay Mitra has not informed him date of hearing which is the reason for absence of the applicant on 06.06.2024, therefore, the learned family Court though proceeded ex-parte against the applicant but should have fixed the case for evidence of the applicant, as such there is clear violation of principle of natural justice and procedure followed in the judicial proceedings. This is the apparent mistake on the face of the record, causing prejudice to the applicant, as such on this court alone dated 06.06.2024 and finally order dated 08.07.2024 are deserves to be quashed. Accordingly, revision petition is allowed in part and the witnesses examined by the wife on 06.06.2024 will be made available before the family Court on 09.12.2024 for cross examination and thereafter the applicant will also be granted opportunity of leading evidence. It is also directed that the Family Court shall conclude the proceedings within four months from the date of appearance before the Family Court on 09.12.2024. It is also directed that the applicant shall pay interim maintenance to the wife i.e. Rs. 3500/- per month till the case is finally decided they the Family Court within four months from the first date of appearance by the parties without any default. It is made clear that the applicant and the respondent shall cooperate with the family Court for disposal of the case within the time schedule given by this Court. If the

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applicant and the respondent adopts delay tactics the Court may proceeding

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in accordance with the law.

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Record of the case be sent back to the Family Court forthwith.

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Sd/-

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(Narendra Kumar Vyas)

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Judge

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santosh

Gitesh Banjare v. Smt. Sushma Banjare

Case brief

What is this about?

What did the court decide?

Gitesh Banjare v. Smt. Sushma Banjare

Case brief

What is this about?

What did the court decide?

What the court decided

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