SANDEEP Vs. PUJA SHARMA

JUDGEMENT

(1.) Present criminal revision petition has been filed against the order dtd. 31/5/2023 passed by learned Principal Judge, Family Court, Rewari. Facts relevant for the adjudication of the criminal revision petition are that respondent No.1 being wife and respondent No.2 being minor daughter of the petitioner, filed a petition under Sec. 125 Cr.P.C. against the petitioner seeking grant of maintenance. The said petition is pending adjudication in the Court of learned Principal Judge, Family Court, Rewari bearing Case No.: MNT-13-2022.

(2.) Vide order dtd. 12/5/2022 the learned Family Court, taking note of the fact that Registered Cover notice issued to the petitioner were received back with the report of refusal, proceeded against the petitioner ex-parte in the matter.

(3.) The petitioner vide application dtd. 7/12/2022 filed before the Family Court, sought setting-aside of the order dtd. 12/5/2022, whereby he was proceeded against ex-parte in the matter. In the said application it was inter-alia averred that the petitioner had filed a case bearing No.HMA/1180/2021 in the Court of Principal Judge, Family Court, Gurugram. When he went to the Family Court Gurugram on 25/11/2022 to attend his said case, he came to know that the same has been transferred to Rewari by this Court on a Transfer Application filed by the respondent No.1. Then he searched and came to know that the respondent had filed a transfer case bearing TA-1124-2022 before this Court. Then the petitioner on 5/12/2022 obtained the copy of transfer order passed by this Court in TA-1124-2022, online from website of this Court. The perusal of the said order further revealed to him that the respondents have filed a case against him under Sec. 125 Cr.P.C. at Rewari, which was fixed for 7/12/2022. As such he filed the application seeking setting aside of ex-parte order on 7/12/2022 itself.