Disposed

Rata Ram v. State and Ors.

Rajasthan HC2 Feb 2012CRLR/1375/2011

Case brief

AI extract

What is this about?

The High Court disposed of a criminal revision petition and a stay application regarding an ex parte maintenance order. The Court allowed the petitioner, who claimed mental illness, liberty to file an application under Section 126(2) Cr.P.C. to set aside the ex parte proceedings and stayed execution for four months.

What did the court decide?

Liberty granted to file an application under Section 126(2) Cr.P.C. within two months; execution of the order stayed for four months.

Rata Ram Vs State and Ors. — Maintenance and Alimony | Rajasthan HC (2012)

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S. B. CRIMINAL REVISION PETITION NO. 1375/2011 (Rata Ram Vs. State of Rajasthan & Ors.)

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DATE OF ORDER : 02.02.2012

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Dr. P.S. Bhati, for the petitioner. Mr. Anil Joshi, Public Prosecutor.

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The present revision petition has been filed on behalf of the petitioner seeking quashing of the order dated 08.12.2008 passed by the learned Family Judge, Jodhpur District, Jodhpur in Criminal Misc. Case No.189/2006, whereby, the application under Section 125 Cr.P.C. filed by the respondents Nos.2 to 6, who are wife and children of the petitioner respectively has been allowed ex parte.

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Learned counsel for the petitioner submits that the petitioner is suffering from serious mental illness and psychiatric disease for the last more than seven years and thus he could not appear before the court below for contesting the application filed by the respondents Nos.2 to 6 and even as on date, he is not in a position to make the payment of amount of maintenance as he is unable to even sustain himself because of his mental ailments.

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Thus, learned counsel for the petitioner submits that the petitioner should be permitted to file an application under Section 126(2) Cr.P.C. before the learned trial court for amendment in the order of maintenance and that in the interim, the execution proceedings undertaken in pursuance to the order impugned should be directed to be stayed.

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This Court had issued notice of application under Section 5 of the Limitation Act as well as of the revision petition but nobody has put in appearance on behalf of the respondents Nos.2 to 6 despite service.

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After having perused the order impugned and the documents of ailment submitted along with the revision petition, this Court is of the opinion that an opportunity deserves to be given to the petitioner to file an application under Section 126(2) Cr.P.C. before the learned trial court through his authorized legal

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representatives because it is claimed that the petitioner is even not fit to appear before the learned trial court.

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Accordingly, this revision petition is disposed of while giving liberty to the petitioner to file an application under Section 126(2) Cr.P.C. before the learned trial court for setting aside the ex parte proceedings within a period of two months from today. The further proceedings in pursuance to the impugned order passed by the learned trial court shall remain stayed for a period of four months from today.

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Stay application also stands disposed of accordingly.

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(SANDEEP MEHTA), J.

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ms rathore

Rata Ram v. State and Ors.

Case brief

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Rata Ram v. State and Ors.

Case brief

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