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HIGH COURT OF UTTARAKHAND
PANCHAL RANJAN – Appellant
Versus
SHIVANI – Respondent
| Table of Content |
|---|
| 1. initial proceedings under section 125 crpc. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appeal and context of delays. (Para 6 , 7 , 8) |
| 3. arguments for revisionist challenging ex parte judgment. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. arguments for respondent opposing revisions. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court's observations on due process and fairness. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. court's decision on remanding for fresh adjudication. (Para 29 , 30 , 31) |
| 7. final order and directions for family court. (Para 32) |
JUDGMENT :
Ashish Naithani, J.
1. Both Criminal Revision No. 483 of 2024 and Criminal Revision No. 536 of 2024 arise out of proceedings under Section 125 of the Code of Criminal Procedure initiated by the Respondent–wife before the Family Court, Vikasnagar, District Dehradun.
2. The Respondent–wife filed an application under Section 125 CrPC on 06.09.2023, registered as Misc. Criminal Case No. 274 of 2023. Summons in the said proceedings were received by the father of the Revisionist on 15.09.2023. The matter was posted for appearance on05.10.2023.
3. The Revisionist is employed as a Constable (Fire) with the CISF and was posted in Tamil Nadu during the relev
Procedural fairness in maintenance proceedings mandates granting a reasonable opportunity for participation, especially when ex parte orders are involved due to a party's legitimate constraints.
The court established that proper service of notice is essential in maintenance proceedings, and the limitation period for setting aside ex-parte orders begins upon acquiring knowledge of such orders....
Section 123 of Limitation Act, has to be counted from date of decree or where summons or notice was not duly served, when applicant had knowledge of decree - She submits that in application under Sec....
The court affirmed that ex-parte proceedings are valid when a party fails to appear, and maintenance can be estimated based on available evidence and circumstances.
An ex-parte maintenance order can be challenged through specified statutory remedies, and failing to utilize these avenues renders a revision petition unmaintainable.
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