AJAY GUPTA Vs. SONIA GUPTA

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning an order dated 14.03.2019 (hereafter the 'impugned order') passed by the learned Principal Judge, Family Courts, Tis Hazari Courts (the Family Court) in Maintenance Petition No. 142/2014 titled 'Sonia Gupta v Ajay Gupta'. By the impugned order, the Family Court, inter alia, rejected the petitioner's application under Section 126 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.PC') praying that the evidence filed by the respondent by way of an affidavit (Ex.PW1/A) be struck off and the respondent be directed to examine herself in accordance with the procedure prescribed under Cr.PC.

(2.) The petitioner contends that the proceedings under Section 125 Cr.PC are required to be conducted in accordance with the procedure prescribed under Section 126 Cr.PC. It is the petitioner's case that in terms of sub-section (2) of Section 126 of Cr.PC, all evidence is required to be taken in presence of the person against whom an order for payment of maintenance is proposed to be made and is to be recorded in the manner prescribed for a summons case. Therefore, an affidavit by way of evidence, in substitution of recording the examination-in-chief, is not permissible.

(3.) The limited controversy to be addressed is whether it is open for the learned Family Court to accept the claimant's evidence by way of affidavit.