MANJEET SINGH Vs. SONIA

JUDGEMENT

(1.) The petitioner, in this petition filed under Section 482 Cr.PC, seeks quashment of the order dated 05.02.2021 passed by the court of learned 3rd Additional Sessions Judge, Srinagar ("revisional court") in Revision Petition titled Manjeet Singh Vs. Mst. Sonia, whereby the revisional court has refused to interfere with the order of learned Judicial Magistrate 1st class-Forest Magistrate ("the trial court") dated 04.07.2017 in exercise of its revisional jurisdiction.

(2.) It may be noted that the trial court vide its order dated 04.07.2017 decided the application filed by the respondent under Section 488 Cr.PC in ex-parte and directed the petitioner to pay the maintenance of Rs.6000/- per month to the respondent from the date of filing of the petition.

(3.) The petitioner is aggrieved of the order of the trial court as well as the revisional court and has assailed the same primarily on the ground that the petitioner was not given the adequate opportunity to defend his case and was proceeded ex-parte by the trial court despite the fact that he was prevented by sufficient cause viz. his service in the Indian Army. It is submitted that the petitioner is serving in the Indian Army and, therefore, is hardly in a position to appear before the court on each and every date of hearing. It is also submitted that the petitioner had entrusted his case to his Advocate, who for the reasons best known to him, did not defend him and the petitioner was accordingly proceeded ex-parte by the trial court.