KSHITIJ AGGARWAL Vs. POONAL AGGARWAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioner has challenged order dated 14.10.2010, passed by Principal Judge, Family Court, Dehradun, in case No. 287 of 2009, on application filed under Section 125 Code of Criminal Procedure

(2.) Brief facts of the case are that Petitioner Khitij Aggarwal is husband of the Respondent Poonam Aggarwal. The Respondent has filed an application under Section 125 Cr.P.C., claiming maintenance from her husband. It appears that the trial court treating service on the Petitioner as sufficient directed on 11.06.2010, to proceed ex-parte against the present Petitioner. Perusal of the copy of order sheet, which is annexed as Annexure 4 to the petition ,shows that the present Petitioner moved an application for setting aside order directing to proceed ex-parte, which was dismissed in default on the part of the present Petitioner, on 07.09.2010. Thereafter, the Petitioner moved an application 19A before the trial court for recalling of the order dated 07.09.2010. After hearing the parties, the trial court has dismissed the said application on the ground that it has no power to modify the order dated 07.09.2010.

(3.) Having heard learned Counsel for the parties, and after going through the affidavit and counter affidavit on record, in the interest of justice, exercising powers under Section 482 Cr.P.C., this petition is disposed of with the direction that if the present Petitioner Kshitij Aggarwal pays 5000/-( Rupees five thousand only) as costs to the Respondent Poonam Aggarwal or deposits in her favour before the trial court within a period of 15 days from today, the impugned order dated 14.10.2010, passed by Principal Judge, Family Court, Dehradun, in case No. 287 of 2009, shall stand set aside, and application 19A therein shall stand allowed, and the present Petitioner shall be permitted to contest the application under Section 125 Cr.P.C., before the trial court. In case the present Petitioner fails to pay the costs of 5000/-( Rupees five thousand only) within 15 days as directed above or fails to deposit in favour of the Respondent within said period, this petition under Section 482 Cr.P.C., shall stand dismissed and the impugned order dated 14.10.2010, passed by the trial court shall stand affirmed.