CHINTAMANI BHATT Vs. URMILA BHATT

JUDGEMENT

(1.) By means of present Application under Section 482 Cr.P.C., the applicant seeks to quash the impugned order dated 03.04.2017, passed by learned Principal Judge, Family Court, Dehradun in Case No. 165 of 2015, Smt. Urmila Bhatt vs. Chintamani Bhatt, under Section 125 Cr.P.C, whereby the opportunity of defence evidence of applicant has been closed and the case has been fixed for ex parte argument. A further prayer has been made that an opportunity of defence evidence may be given to the applicant.

(2.) Opportunity for cross-examination to the husband (applicant herein), has been closed by learned Court below because he did not pay the interim maintenance allowance to his wife (respondent herein). Even the cheque issued by the applicant in favour of his wife was dishonourd. The opportunity for cross-examination was, therefore rightly closed vide order dated 03.04.2017.

(3.) Learned counsel for the applicant-husband submitted that the husband is ready to pay the entire arrears which may be awarded as costs to the respondent-wife, while allowing present application under Section 482 Cr.P.C.