NAGENDRASINGH Vs. CHANDANI SHARMA

JUDGEMENT

(1.) THE petitioner/husband has filed this revision petition under section 397 read with section 401 of Cr.P.C feeling aggrieved by the order dated 29.4.2013 passed by Additional Principal Judge Family Court Gwalior in Misc. Cr.case no.72 of 2012 whereby, the petitioner has been directed to pay Rs.3000/ - per month as maintenance to his wife respondent.

(2.) THE admitted facts of the case are that the marriage of petitioner was solemnized with respondent on 2.3.2008 at Gwalior vide contract letter (letter of guarantee). Earlier, a dispute had arisen between the parties which was later on settled in April, 2009 and since then, the respondent has been living separately in her parental house.

(3.) AS per trial court's record, the petitioner -husband had appeared before the trial court on 20.3.12 and subsequently on his behalf Advocate Shri Vikas Parashar appeared and sought adjournment to submit reply. The petitioner filed reply of the respondent's petition on 26.4.2014 denying the allegations of the petitioner. However, when the case was fixed for recording the evidence on 13.8.12 neither the petitioner had appeared before the court nor did his advocate. As a result, order for ex -parte proceeding was passed against him and evidence of the respondent was recorded.