DEVIDAS Vs. PRATIBHA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties heard both the sides for final disposal. Present proceeding is filed to challenge the judgment and order of Criminal Revision No. 44 of 2011, which was pending in the Court of Sessions, Jalna. The Revision was filed by petitioner to challenge the judgment and order of maintenance proceedings, which was decided by J.M.F.C, Court No. 3, Jalna. Respondent No. 1 is the wife of petitioner and respondent Nos. 2 and 3 are minor issues of respondent No. 1, born from the petitioner.

(2.) It appears that nobody was turning up for petitioner when the matter was taken up for hearing by the Sessions Court. As the Revision cannot be dismissed for default or non prosecution, the learned Sessions Judge decided the Revision on merits. The Revision came to be dismissed.

(3.) The learned counsel for the petitioner submitted that due to the fault of the counsel for petitioner, he is suffering and opportunity needs to be given to the petitioner to prosecute the matter on merits. He submitted that as there was no any stay to the execution proceeding and as some amount of maintenance is already deposited towards the arrears of maintenance, there will be no prejudice caused to the other side, if the matter is remanded back for giving an opportunity to the petitioner to argue the matter on merits. Other side has objected to it.