Criminal Revision No.676 of 2017, a revision against an ex parte maintenance order of Family Court, Chatra was disposed of. The court granted liberty to file an appropriate petition and reserved whether to uphold or revise the lower order.
Disposed giving liberty to file appropriate petition under Section 127 Cr.P.C.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.676 of 2017
Versus
Nazrana Khatoon …. …. Opposite Party
CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR
---For the Petitioner : Mr. A.K. Chaturvedy, Adv. For the O.P. : None
07/Dated: 23rd November, 2021
1. The instant revision application has been filed against the impugned order dated 04.07.2016 passed by the learned Principal Judge, Family Court, Chatra in Original Maintenance Case No.02 of 2015, whereby and where under the learned family court had allowed the Maintenance Application filed by the opposite party under Section 125 of the Cr.P.C., and the learned court directed the petitioner to pay a sum of Rs.5000/- per month to the opposite party as maintenance.
2. It has been submitted by the learned counsel for the revisionist that the order in question is ex parte and as such he could not get an opportunity to raise his point of view before the court below. The other parameters are not in dispute only quantum of maintenance has been disputed.
3. In view of above submission and material available on record, the present criminal revision is, hereby, disposed of giving liberty to the revisionist to file appropriate petition before the appropriate forum.
4. It is needless to say that the court below will pass an order without being prejudiced to the order of this Court, if a petition is filed under Section 127 of the Cr.P.C.
Pending I.A., if any, also stands disposed of.
(Rajesh Kumar, J.)
Amar/-
2 issues framed by the court
Whether the impugned maintenance order is ex parte and warrant a revision.
Whether to dispose of the criminal revision and grant liberty to approach the appropriate forum.
2 provisions across 1 enactments
Unnamed Petitioner
Nazrana Khatoon
Rajesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
