VINITA MISHRA Vs. SUBHANG MISHRA

JUDGEMENT

(1.) Being aggrieved by the order dtd. 23/4/2015 passed by the Second Additional Principal Judge, Family Court, Raipur, in , the applicant has filed this revision under Sec. 19(4) of Cr.P.C. By the said order the Judge, Family Court has allowed the application preferred by the respondent under Sec. 126(2) of Cr.P.C. setting aside the exparte order dtd. 26/6/2012 in MJC Case No.103/2012 in a proceeding under Sec. 125 Cr.P.C.

(2.) Brief facts of the case is that the petitioner and respondent entered into married life on 14/5/2007, however, after sometime the relation between two got strained and in between the respondent had preferred a case before the Family Court for dissolution of marriage which got dismissed on default on 12/2/2013. Thereafter an application for restoration was filed and the same also got dismissed on 11/5/2016. Meanwhile, the petitioner herein had initiated a proceeding under Sec. 125 Cr.P.C. for granting maintenance before the First Additional Principal Judge, Family Court, Raipur, on 29/3/2012. The said application was registered as MJC Case No. 103 of 2012. Notices were issued and inspite of proper service being made on the respondent, he chose not to appear before the court and accordingly on 19/6/2012 proceeded exparte against the respondent and finally vide order dtd. 26/6/2012 awarded Rs.15000.00 per month as maintenance amount to be paid by the respondent to the petitioner.

(3.) Though an exparte order was passed on 26/6/2012, the petitioner could not get the order executed and only after warrant of attachment were issued, the respondent immediately appeared before the court below and moved an application for stay of further proceeding along with an application under Sec. 126(2) Cr.P.C. for setting aside of the exparte order dtd. 26/6/2012. The said proceeding under Sec. 126(2) Cr.P.C. was registered as