SANJIT SINGH VADHWA Vs. GURUDEEP KAUR VADHWA

JUDGEMENT

(1.) None for the respondent despite service. Petitioner has filed the present Revision under Section 19(4) of the Family Court Act against the order dated 29.01.2019 passed under Section 125 of Cr.P.C.; whereby the maintenance amount of Rs.25,000/- per month has been fixed in favour of the respondent.

(2.) Learned counsel for the petitioner submits that the notice was not properly served to the petitioner. In application under Section 125 of Cr.P.C. respondent gave two addresses i.e. 87, Luhari Naka Road, Ward No.15, Old Bus Stand, Khandwa and current address at K.K.Khimka, Infront of Saraswati School, 407, Nai Basti, Katni. Notices sent to the aforesaid two addresses were returned unserved as he was not found there, thereafter the respondent sent a notice to respondent to Depot of Britania Industries Limited, 37/38, Lasudiya Mori, Dewas Naka, Indore. The Court has proceeded as some one in the Depot has refused to accept the notice. Learned counsel for the petitioner further submits that the petitioner is not posted at Depot, therefore, he has never refused to receive the notice, therefore, the Court has wrongly proceeded ex parte. He further submits that the present petitioner has filed the petition under Section 13 of the Hindu Marriage Act for dissolution of marriage before the Family Court, Khandwa, in which the present respondent is appearing and filed an application under Section 24 of the Hindu Marriage Act seeking maintenance. Vide order dated 24.06.2019, Family Court at Khandwa has fixed the maintenance Rs.3,000/- per month. In the present case the learned Family Court has awarded the maintenance of Rs.25,000/-, which is beyond total income of the present applicant. Since he was proceeded ex parte, therefore, he had no occasion to defend his case. She claimed Rs.25,000/- as maintenance and the Court has awarded the same without examining the income of the present respondent. She has not filed any document to establish the actual income of the present petitioner. He further submits that he is in touring job, therefore, keeps on changing the address but his permanent address is at A-203, Om Sairam Nagar, Khandwa and at present he is posted at Jabalpur.

(3.) Despite notice the respondent is not appearing before this Court, therefore, there is no reason to disbelieve the contention of the learned counsel for the petitioner. Even the record of the Family Court, Ratlam has been perused. Initially the notices were sent to these addresses but both have been returned as the petitioner was not found there. The respondent has paid the process fee third time on the address of Indore without there being any application or permission from the Family Court and the Court has proceeded ex parte against the petitioner, which is not proper, therefore, Revision is allowed. The impugned order is set aside. Matter is remitted back to the Family Court. Petitioner is directed to appear before the Family Court on 2nd March, 2020. Record of MJC No.93/2018 be sent back to the Family Court, Ratlam. After appearance of the present petitioner, the Court shall issue a notice to the respondent for appearance.