SAJID ALI Vs. STATE

JUDGEMENT

(1.) The above criminal writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for issuance of a writ for quashing the order dated 15th December, 2012 and 17th January, 2013 passed by the learned Additional Sessions Judge dismissing the petitioner's revision petition for his failure to pay the entire arrears of maintenance as a pre-condition for entertainment of the petition. It is contended that this pre-condition is imposed pursuant to a decision of a learned Single Judge of this court which is also challenged herein. The respondent no.2 before us is the first wife of the present petitioner, while respondent nos.3 to 5 are their three children who are residing with the mother.

(2.) When the case was listed on 19th March, 2013, learned counsel for the petitioner was pressing for interim stay of the maintenance order which, if granted, would cause irretrievable damage to his wife and children. Maintenance needed today is of little solace if delayed. And the delay traumatic, if not disastrous for those deprived of it. There was urgency in the matter as on the one side, a wife and children were awaiting maintenance while on the other, the petitioner was facing punitive action for noncompliance of the maintenance order. The matter was a family issue. We were exploring the possibility of referring the parties to mediation. Therefore, on the 19th March, 2013 when the matter was listed before us, we had issued a direction to the parties to remain present in person in court on the next date of hearing.

(3.) On the next date i.e. the 9 th of April, 2013, the respondent nos.2, 3 & 5 were personally present. The petitioner was represented by counsel. However, no effective proceedings could take place as the petitioner was not present. The order dated 9th April, 2013 explains the reasons for his absence and we reproduce it hereafter: