Allahabad High Court
Mahesh Dutt Pandey vs Smt. Urmila on 14 June, 2021
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- CRIMINAL REVISION DEFECTIVE No. - 313 of 2021
Revisionist :- Mahesh Dutt Pandey
Opposite Party :- Smt. Urmila
Counsel for Revisionist :- Ayodhya Prasad Shukla
Hon'ble Rajeev Singh,J.
(C.M. Application No.51183 of 2021)
Heard on delay condonation application.
Cause shown in the affidavit filed in support of condonation application are sufficient.
Delay is condoned.
Accordingly, delay condonation application is allowed.
Order Date :- 14.6.2021
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Case :- CRIMINAL REVISION DEFECTIVE No. - 313 of 2021
Revisionist :- Mahesh Dutt Pandey
Opposite Party :- Smt. Urmila
Counsel for Revisionist :- Ayodhya Prasad Shukla
Hon'ble Rajeev Singh,J.
The Court convened through video conferencing.
Heard learned counsel for the revisionist.
The revision has been filed by the revisionist for staying the judgment and order dated 17.12.2020 passed by the Principal Judge, Family Court Sultanpur in Criminal Misc. Case No.3281 of 2014 which is an expartee order as well as remand the present case to the Court of Principal Judge Family Court to decide on merit expeditiously.
Learned counsel for the revisionist has submitted that it is evident from the impugned order that the maintenance was enhanced on the application of the private respondent exparte, therefore, order passed by trial court bad in the eye of law. He further submitted that initially interim maintenance was allowed by the court below on 30.09.2010 of amounting Rs.1000/- per month. Learned counsel for the revisionist further submitted that application for enhancement of maintenance was moved, but the court below has wrongly presume that the application was served on the revisionist and passed the order dated 17.12.2020 by which the maintenance of amounting Rs.1000/- was enhanced by giving amount of Rs.4000/- per month, therefore, kind indulgence of this Court is necessary.
Considering the arguments of learned counsel for the revisionist and going through the contents of the impugned order, it is evident that earlier the maintenance of respondent No.2 was allowed Rs.1000/- per month, vide order dated 30.09.2010 exparte and thereafter, application for enhancement of maintenance was also moved by the private respondent and the court below observed that the notice of enhancement application was served on the revisionist and enhanced the maintenance/expartee. As it is appropriate to the revisionist to move application before the court below for appropriate remedy, in case the order dated 17.12.2020 was passed exparte.
Accordingly, notice in relation to the opposite party is dispensed with.
In view of the above, the revision is disposed of with the direction to the revisionist to appear before the court below within one month from today and move appropriate application. In case, any application is moved by the revisionist, the same shall be decided, in accordance with law, by reasoned and speaking order after giving opportunity of hearing to the parties, expeditiously.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 14.6.2021
Amit/-
