Order on Board

07/01/2025

1. This revision petition is preferred against the order dated 21.10.2024 passed in Criminal Appeal No.10/2024 by the learned Principal Judge, Family Court, Janjgir, District Janjgir Champa (C.G.) whereby the application under Section 126(2) of CrPC r/w 5 of limitation act filed by the applicant has been dismissed.

2. Brief facts of the present case is that the applicant and non-applicant are husband and wife. Wife filed an application under Section 125 of Cr.P.C. for grant of maintenance before the learned family Court Janjgir, District Janjgir-Champa (C.G.) and learned family Court passed the ex-parte order without giving opportunity of hearing to the husband and granted a sum of Rs. 2,000/- per month in favor of wife vide order dated 26.07.2023. When it known to the knowledge of husband regarding the ex-parte order passed against him, he filed an application under Section 126(2) of CrPC with an application under Section 05 of limitation Act on 08.12.2023 (about four months of passing of the order) without considering the fact that the applicant/husband was residing in another place, other than the addressed mentioned in the notice, the learned family Court rejected the said application vide impugned order dated 21.10.2024 (Annexure A-1).

3. Learned counsel for petitioner submits that learned family Court without giving opportunity of hearing to the applicant and passed the ex-parte impugned order dated 26.07.2023 and directed the applicant to pay Rs. 2000/- per month to the wife- non applicant. Against the order dated 26.07.2023, the applicant filed an application under Section 126(2) of CrPC along with an application under Section 05 of limitation, but the same was dismissed vide order dated 21.10.2024 (Annexure A-1).

4. Learned counsel for the submits that the notice under Section 125(3)

of CrPC has been received by the brother of the applicant and he did not serve the notice to the husband/applicant, hence learned family Court could have given opportunity to the husband/applicant to contest the matter before the learned Family Court, therefore he prays that order dated 21.10.2024 may be set aside and the matter may be remitted back for its fresh adjudication.

5. I have learned counsel for applicant and perused the record.

6. On perusal of the records it transpires the fact that non-applicant i.e.

wife of the applicant filed an application under Section 125 of CrPC for grant of maintenance before the family Court District Janjgir, District Janjgir-Champa. Learned family Court passed ex-parte order and granted Rs. 2000/- per month as maintenance in favour of the wife vide order dated 26.07.2023 which is Annexure A/2. Against which, on 08.12.2023, the applicant filed an application under Section 126(2) of CrPC with application under Section 05 of Limitation Act (after four months of passing of the order) before the family Court on the ground that brother of husband has received the notice of 125 (3) of CrPC and he bonafidely did not serve the notice to the husband/applicant and learned family Court rejected the said application vide impugned order dated 21.10.2024 (Annexure A-1)

7. It is admitted fact that notice was duly served to the brother of the petitioner and he refused to take notice, therefore learned family Court has passed the order of maintenance against the petitioner exparte dated 26.07.2023.

8. Looking to the facts and circumstances of the case, this Court is of the opinion that opportunity of hearing will be provided to the applicant/petitioner on the following conditions:-

 The remaining amount shall be paid by the applicant as has been granted by the family Court under Section 125 of CrPC to the wife/non-applicant.

 The applicant/husband will keep paying Rs. 2000/- as interim maintenance as per order passed by the family Court under Section 125 of CrPC.

9. After following the aforesaid condition, the applicant/husband is directed to appear before the family Court on 12.02.2025 and the family