RAJEEV SHARMA Vs. SHEETAL SHARMA

JUDGEMENT

(1.) By way of filing the present revision petition under Sec. 397/401 of Cr.P.C., challenge has been made against the order dtd. 21/9/2022 passed by learned Judge, Family Court, No.2, Udaipur in case No.355/2020 whereby the application filed by the respondents under Sec. 125 Cr.P.C. was allowed and an ex-parte order was passed against the petitioner. Vide order dtd. 21/9/2022, the petitioner was directed to pay Rs.20,000.00 to respondent No.1 and Rs.10,000.00 to respondent No.2 every month as maintenance.

(2.) Learned counsel for the petitioner submits that the ex-parte order passed by the learned Judge, Family Court may be quashed and set aside as the same has been passed without granting any opportunity of being heard to the petitioner and hence, adversely impacting his right to a fair hearing. He further submits that the procedure which was opted to effect the service upon the petitioner was not proper as the petitioner was not present in the country at that point of time.

(3.) Learned counsel for the respondent vehemently opposes the submissions made by learned counsel for the petitioner and submits that the impugned order has been passed in accordance with law and does not warrant any interference of this Court.