DINESH DADARAO Vs. SWATI DINESH JAYLE

JUDGEMENT

(1.) Heard. For the reasons recorded below, the Registry is directed to re-register the present revision application as an application under Section 482 of the Code of Criminal Procedure.

(2.) Heard learned counsel for the parties. Rule. Rule returnable forthwith. Mr. Agrawal, Advocate appears waiving service on behalf of the non applicants. Heard finally by consent of the parties.

(3.) Since the applicant has, by the present application, sought for exercising powers under section 397 of the Code of Criminal Procedure for examining legality and propriety and correctness of the order dated 30.03.2013 passed by Family Court, Amravati granting interim maintenance in favour of non applicants, the application would have been liable to be dismissed in limini in view of being preferred against an interlocutory order as such being untenable in law. However, the facts, to which the attention is drawn, also reveal that the said application i.e. the application arising out of a dispute between husband and wife, was decided without hearing the applicant. Though, learned counsel for the non applicants tried to convince that the applicant is not a diligent person as he even failed to file his say to the application for interim maintenance made by the non applicants and No Written Statement order was passed against him and as such no leniency should be shown, it is difficult to accept the said submission because the order in question does not reveal that the applicant was heard in the matter. Indeed, it is true that the order of No Written Statement was passed against him. However, passing of an order of No Written Statement does not deprive his right to make submission before the Court.