PINKY Vs. MANOJ KUMAR

JUDGEMENT

(1.) This Revision has been filed by the revisionist challenging the order dated 19th July, 2019, as rendered in Case No. 39 of 2018, Pinky Vs. Manoj Kumar, which according to the Revision, was the proceeding initiating under Section 125 of the Cr.P.C. and as a consequence of the impugned order, a maintenance of Rs.5,000-, each has been awarded to the respondentwife and the daughter. At the time, when the first Criminal Revision was preferred, being Criminal Revision No. 496 of 2019, the same was dismissed as withdrawn on 28.08.2019, with a liberty open to the revisionist to file an appropriate application and to get the necessary correction made because the impugned order, which was under challenge in the said Revision showed that it was passed in a proceeding under Section 24 of the Hindu Marriage Act. If that be so, then the Criminal Revision would not be maintainable against the said impugned order dated 19th July, 2019 showed to be passed on application under Section 24 of Hindu Marriage Act. However, subsequently, when the present Revision was filed by the revisionist on 16th September, 2019, yet again, a challenge was given to the impugned order dated 19th July, 2019. However, the certified copy of the impugned order showed that the title head of the impugned order, it contained a cutting and Section 24 of the Hindu Marriage Act was scored off without any endorsement of Court's order.

(2.) Learned counsel for the revisionist has informed that after the order passed in the earlier revision dismissing the revision as withdrawn on 28.08.2019, he has filed an application on 5th September, 2019 before the Court below in the said Misc. Case on which the order was passed converting the order dated 19th July, 2019, as to be an order passed under Section 125 and not under Section 24 of the Hindu Marriage Act.

(3.) A question was raised as to what was the paper number assigned in the proceedings before the Court below to the application filed on 5th September, 2019, no plausible answer was given and, subsequently, a question was raised was to what is the date of the order passed on the application dated 5th September, 2019, directing him to make correction in the title head of the impugned order showing it to be an order passed under Section 125 Cr.P.C. instead of Section 24 of the Hindu Marriage Act.