SUKHNATH AHIRWAR Vs. VARSHA

JUDGEMENT

(1.) This appeal is under Sec. 19 (1) of the Family Court Act, filed by the husband seeking a transfer of proceedings which is pending before Principal Judge Family Court, Raipur.

(2.) The facts of this case are that the appellant and respondent got married on 16/5/2010. After sometime of marriage they cannot go along which led to various disputes between the parties. Consequently, an application was filed by the wife before the Principal Judge, Family Court Raipur, claiming maintenance under Sec. 125 of the Criminal Procedure Code. According to the wife-respondent and the order of the Court, the husband-appellant did not appear despite notice. The service of the notice, however, has been vehemently disputed by the husband-appellant to say that no notice was served and the place of posting was elsewhere from the issuance of place of notice. Be that as it may, the Family Court passed an ex-parte order on 19/1/2023, whereby, an amount of Rs.40,000.00 was ordered to be paid per month as interim maintenance.

(3.) Being aggrieved by the said order, the husband, thereafter filed an application to set aside such ex-parte order before the Principal Judge Family Court Raipur. During the pendency of the said application, the execution was drawn. Consequently, a criminal revision bearing No. 389 of 2023 was filed before the High Court. The High Court by its order dtd. 8/5/2023 directed the Trial Court to decide the application of the husband, which was for setting aside of the ex-parte order as early as possible.