The court emphasized the social purpose of Section 125 of Cr.P.C. to prevent destitution and provide social justice to vulnerable individuals.

JUDGMENT

Swarana Kanta Sharma, J. By way of the present petition under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C."), the petitioner seeks setting aside of the impugned order dated 10.01.2018 passed by learned Principal Judge, Family Courts, Shahdara Court, Karkardooma Courts, Delhi (hereinafter "Trial Court") in Complaint Case No. 80/2015 titled as "Anju v. Anil", whereby the petition under Section 125 Cr.P.C. filed by petitioner herein was dismissed.

2. Brief facts, leading to the present petition, are that the petitioner had got married to respondent no.1 on 09.11.2008 and thereafter, as alleged, she was harassed and tortured by respondent no.1 and his family members. Later, on 25.11.2014, the petitioner was diagnosed with breast cancer and since then, she started living with her parents and was undergoing treatment, and all her expenses since then had been borne by her poor parents and no help or support was provided by respondent no.1. Aggrieved by the same, a petition under Section 125 of Cr.P.C. was filed by petitioner against respondent no.1 seeking maintenance, along with a petition under Section 9 of Hindu Marriage Act. On 04.04.2016, both the matters were referred to a Court Counselor, but the parties failed to settle amicably. Thereafter, a reply to the petition under Section 125 Cr.P.C. as well as affidavit of income/assets was filed by the respondent no.1, as recorded in order dated 09.11.2015, and the petitioner also filed an affidavit of income/assets, as recorded in order dated 14.03.2017. During the course of these proceedings, petitioner was also granted ad interim maintenance. Later, petitioner could not appear in person due to her illness and was told by her counsel that she will be informed as and when her physical appearance would be required before the Court. As per the case of petitioner, she was kept in dark as she was not informed about the hearings before the learned Trial Court by her counsel, who was consistently avoiding her calls and other forms of communication. Consequently, a new counsel was engaged by the petitioner, who after inquiring, informed the petitioner that on 24.07.2017 and 10.01.2018, no one had appeared on her behalf before the learned Trial Court when the matter was put up for arguments on interim maintenance and her evidence, and thus, her petition under Section 125 of Cr.P.C. was dismissed vide order dated 10.01.2018 for lack of evidence.

3. Aggrieved by the order dismissing her petition, the petitioner has approached this Court seeking setting aside of the said order and seeking restoration of her petition under Section 125 Cr.P.C. For a quick reference, the impugned order dated 10.01.2018 is reproduced as under:

"It is 12.00pm, case has been called thrice since morning but no one has appeared for petitioner. Even on 1st date no one has appeared for the petitioner.

Accordingly, PE is closed, counsel for respondent submits that since there is no PE, he also does not want to lead any RE.

RE is closed.

Since there is no evidence, the petition is dismissed. File be consigned to Record Room."

4. Learned counsel for petitioner submits that the impugned order is unjustified, unreasonable and in contravention of the established principles of law as the matter was dismissed without considering the fact that on all previous dates, the petitioner had appeared before the learned Trial Court. It was further contended that the non-appearance on 24.07.2017 and 10.08.2018 was neither intentional nor willful and there was genuine reason for non-appearance as the petitioner was undergoing treatment for breast cancer, and further that her counsel had neither intimated her about the date of hearing nor the counsel had appeared on her behalf. It was further contended that since the medical records were already available before the learned Trial Court and the same were not considered, the impugned order, is erroneous. It is prayed that the petition be restored to it