KULDEEP SINGH Vs. BHUPINDER KAUR

JUDGEMENT

(1.) PRESENT one is yet another glaring example wherein the husband, sought to get undue benefit of his dominating position, while trying to avoid payment of maintenance amount to his own wife and children, is bent upon to misuse the process of law, to the maximum.

(2.) INSTANT criminal revision petition is directed against the judgment dated 19.12.2014 passed by learned District Judge (Family Court), Ambala, whereby a clerical error in the order dated 18.07.2012, passed by the same Court, was corrected, clarifying that the husband -petitioner herein, would pay the monthly maintenance amount to his wife and children, from the date of filing of petition under Section 125 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short).

(3.) SHORN of unnecessary detailed background of the case, it would suffice to note here that in a petition under Section 125 Cr.P.C. filed by the wife and her two children, respondents herein, before the learned District Judge (Family Court), Ambala, respondent -husband in the said petition under Section 125 Cr.P.C., who is present petitioner, was proceeded ex parte on 19.05.2010 because despite due service, he did not appear in the Court. Ex parte evidence was led. After hearing learned counsel for the wife and children and keeping in view the ex parte evidence brought on record, the learned Family Court came to the conclusion that the husband was liable to pay monthly maintenance amount of Rs.2,000/ - to the wife and Rs.1,000/ - each to both the children, total being Rs.4,000/ - per month. This ex parte judgment was passed on 18.07.2012.