Single judge directed Family Court to decide applicant's pending application to set aside ex-parte maintenance order at an early date without issuing notice to respondents.
Application disposed of by directing the learned court below to dispose of the applicant's pending application to set aside the ex-parte order at an early date.
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C-482 Petition No. 1627 of 2014 Hon’ble U.C.Dhyani, J.
Mr. Manish Arora, Advocate, present for the applicant.
An application for grant of maintenance allowance was moved on behalf of the respondents against the applicant under Section 125 Cr.P.C. before the Additional Judge, Family Court, Roorkee, District Haridwar. Since the applicant did not appear in those proceedings, therefore, an exparte order was granted in favour of the respondents directing the applicant to pay Rs. 2000/- per month to respondent no. 1 and Rs. 1000/- per month to respondent no. 2 as maintenance, from the date of filing of the application under Section 125 Cr.P.C. Thereafter, the applicant moved an application under the proviso to sub-section (2) of Section 126 Cr.P.C. for setting aside the ex-parte order, which, according to the learned counsel for the applicant, is pending before the said Court.
The only innocuous prayer of the learned counsel for the applicant is that the applicant’s application under Proviso to sub-section (2) of Section 126 Cr.P.C. be directed to be decided at an early date. In other words, the applicant, by means of present application under Section 482 Cr.P.C. seeks to direct the court below to decide appliction to set aside ex parte order in Case No. 34 of 2013, Smt. Shabana & another, vs. Afsar Jamal at an early date. A copy of such an application has been enclosed by the applicant as Annexure-3 to the present petition.
Innocuous prayer made by learned counsel for the applicant is allowed. C-482 Petition No. 1627 of 2014 is disposed of by directing the learned court below to dispose of such an application of the applicant at an early date, after hearing both the parties, according to law.
This Court does not feel it necessary to issue notice to the respondents herein, in as much as, such notice would not have served any useful purpose.
In any case, learned Additional Judge, Family Court was bound to decide the application for setting aside ex-parte order and this Court has simply directed the learned Court below to do it at an earlyd ate. That is all.
(U.C.Dhyani, J.)
18.12.2014
Kaushal
2 issues framed by the court
Whether the High Court should direct the Family Court to decide the setting aside of ex-parte maintenance order at an early date.
Whether notice to respondents is necessary for granting such direction.
3 provisions across 1 enactments
Afsar Jamal
Shabana
another
U.C.Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
