BALKRISHNA PURWAL Vs. ANITA PURWAL

JUDGEMENT

(1.) Mr. L.K.Tiwari, Advocate, present for the applicant.

(2.) An application was moved by the respondent, who is the wife of the present applicant, against the applicant under Section 125 of Cr.P.C., before the Principal Judge, Family Court, Dehradun, which has been registered as Case No. 166 of 2015 (Smt. Anita Purwal Vs. Balkrishna Purwal). Subsequently, summons were issued to the present applicant ultimately he was appeared in the court and engaged a counsel in the year 2015. From the perusal of the records, it appears that the counsel for the applicant was not present on 22.04.2016 an ex-parte order was passed by the Principal Judge, Family Court, Dehradun fixing an interim maintenance of Rs.15,000/- (Rupees Fifteen Thousands only) per month in favour of the respondent/wife. Thereafter, the applicant moved an application before the court concerned for recalling the exparte order, which was ultimately dismissed vide order 18.05.2016. Aggrieved by the above orders passed by the court below, the applicant preferred the present application under Section 482 of Cr.P.C., before this Court.

(3.) The present application under Section 482 of Cr.P.C., has been filed by the applicant for recalling the order dated 22.04.2016 Principal Judge, Family Court, Dehradun. In the said application, the applicant has blamed his lawyer for professional misconduct, which was not substantiated and in view of this Court also appears to be rather irresponsible as it has been done without substantiating as to what professional misconduct has been done. The court below, after considering the overall circumstances of the case, rejected the recall application of the applicant vide order dated 18.05.2016 and while rejecting the application of the applicant, the learned family Judge also recorded the conduct of the applicant, who was rather irresponsibly blamed his lawyer for not attending the court proceedings etc. This is entirely a different aspect, however, on this ground the application has been rejected. To that extent, the order seems to be bad.