Krishna Kundansingh Rajput vs Neha W/O Krishna Rajput @ Neha ...
2023 Latest Caselaw 1171 Bom

                                 1                          963-CrRn-237-22.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


            CRIMINAL REVISION APPLICATION NO.237 OF 2022

               KRISHNA KUNDANSINGH RAJPUT
                           VERSUS
 NEHA W/O KRISHNA RAJPUT @ NEHA MOHANSINGH PARIHAR AND
                          ANOTHER
                              ...
         Advocate for Applicant : Mr. Mahesh B. Ubale
       Advocate for Respondents : Mr. Avinash A. Khande
                              ...

                                     CORAM :        S. G. MEHARE, J.

                                     DATE       : 03-02-2023

PER COURT :-

1. Heard the learned counsel for the applicant and the learned

counsel for the respondents.

2. The applicant has a case that the summons was not properly

served upon him. Hence, he could not contest the trial. He has a

good case on merit. Therefore, opportunity may be granted to him

to contest the matter before the trial Court.

3. The learned counsel for the respondents/original applicants

would argue that the notice was properly served, however, the

present applicant deliberately remained absent. He has no

grounds for denial of the service of notice.

4. It is not in dispute that the impugned order was passed ex-

parte against the applicant. The applicant is an employee of the

bank. The opportunity to contest the application on merit may be

2 963-CrRn-237-22.odt

granted to make justice on certain condition. Hence, the following

order:-

i)      Application is allowed.

ii)     The judgment and order of the learned Principal Judge,

Family Court, Aurangabad, in Application No. E-119 of 2021

(Neha w/o. Krushna Rajput @ Naha d/o. Mohansing Parihar

and another Versus Krushna d/o. Kundansing Rajput) dated

18.05.2022, is set aside on the condition that the applicant

shall deposit Rs.1,50,000/- within two months from today

before the Family Court, Aurangabad, and continue to pay

Rs.8000/- per month to the wife and Rs.4000/- per month to

the daughter, till the conclusion of the petition on merit.

iii) The learned Principal Judge, Family Court, Aurangabad, is

requested to give him an opportunity to contest the matter

on merit in filing written statement.

iv) If the applicant would not comply with any condition, this

order would automatically vacated.

( S. G. MEHARE ) JUDGE

rrd