SUNIL KR.GORAI Vs. FUCHI BALA GORAIN

JUDGEMENT

(1.) THIS criminal revision, under Section 397 and 401 of the Code of Criminal Procedure, is directed against the impugned order dated 26.8.2002 whereby learned Principal Judge, Family Court, Dhanbad by his order dated 26.8.2002, came to a finding that order dated 7.8.2000 passed in miscellaneous case No. 41/98 is still in force.

(2.) FACTS briefly stated are that opposite party No. 1 filed a miscellaneous case before the Principal Judge, Family Court, Dhanbad under Section 125 of the Code of Criminal Procedure for allowing her maintenance when O.P. did not appear inspite of best efforts by this Court, then an ex -parte order was passed allowing her Rs. 500/ - (five hundred) as maintenance allowance. The ex -parte order was passed in the case bearing miscellaneous case No. 41/98 was ultimately set aside by High Court in revision No. 552/2002 and opposite party of miscellaneous case No. 41/98, who had come in revision before High Court, was directed to appear within 15 days from the date of order (Annexure -1) but opposite party of miscellaneous case No. 41/98 could not appear due to his having been undergoing treatment at Vellore. Again when O.P. did not appear, then again an ex -parte order was passed against O.P./revisionist, who is opposite party in miscellaneous case No. 41/98 and then he filed a petition under Section 126(2) of the Code of Criminal Procedure for setting aside the ex - parte order. Thereafter both sides led evidence and after considering the evidence - -both oral and documentary - -Principal Judge, Family Court, Dhanbad passed impugned order dated 26.8.2002 holding that ex -parte order passed on 7.8.2000 is still in force and that does not require any interference.

(3.) ON the other hand, learned counsel for the opposite party submitted that petitioner -revisionist is harassing opposite party by purposely avoiding appearance in time in Court and thereafter by filing case and revision, he got ex -parte order set aside.