Date Of Decision: 24Th April vs Miss Surbhi
2023 Latest Caselaw 4421 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No.210 of 2023.

Date of Decision: 24th April, 2023.

    Vikram Singh                                               .....Petitioner.




                                                                                   .
                                       Versus





    Miss Surbhi                                                .....Respondent.
    Coram

The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.

Whether approved for reporting?1

For the petitioner: Mr. Akshay Katoch, Advocate.

For the respondent: None.

Jyotsna Rewal Dua, Judge

In a petition moved by the respondent under Section

125 of the Code of Criminal Procedure (Cr. P.C), petitioner's right of

filing reply thereto was closed by the learned Family Court vide order

dated 14.3.2023. Hence, the petitioner has come up against this

order.

2. In view of the nature of the order proposed to be passed

herewith, no notice of this petition is required to be issued to the

respondent.

3. The respondent instituted petition under Section 125 Cr.

P.C for grant of maintenance against the petitioner. The learned

Family Court granted three opportunities to the petitioner to file reply.

The petitioner did not avail these opportunities. Taking note of the

fact that the case was pending since 17.09.2022, petitioner's right to

file reply was closed and the matter was ordered to be listed on

Whether reporters of Local Papers may be allowed to see the judgment? Yes.

27.05.2023 for evidence of the present respondent in terms of the

impugned order dated 14.3.2023.

4. Learned counsel for the petitioner submitted that the

.

petitioner required certain documents for the purpose of filing reply to

the proceedings initiated by the respondent under Section 125 Cr. P.C.

In this process, some time was consumed hence, the reply could not

be filed by him by the date fixed by the learned Family Court. It was

further submitted that the petitioner has enclosed his draft reply

alongwith this petition.

5.

Keeping in view the fact that petitioner had availed

repeated opportunities before the learned Family Court for filing reply,

the impugned order whereby petitioner's right to file reply was closed

cannot be said to be suffering from any illegality. However, taking into

consideration the fact that the matter is still at the initial stage and the

fact that non filing of reply may cause serious prejudice to the

petitioner, it would be appropriate and in the interest of justice to

afford him one opportunity for filing his reply to the proceedings

initiated by the respondent under Section 125 Cr. P.C, subject to the

costs of Rs.5,000/-, to be paid by the petitioner to the respondent on

the next date of hearing before the learned Family Court.

The impugned order dated 14.3.2023, is accordingly set

aside. The petitioner is granted one final opportunity to file his reply to

the petition moved by the respondent under Section 125 Cr.P.C on the

next date of hearing before the learned Family Court. This is

however, subject to the costs of Rs.5,000/-, as aforesaid. The costs be

paid by the petitioner to the respondent before the learned Family

.

Court on 27.5.2023, when the matter is stated to be next fixed. It is

clarified that no further opportunity shall be granted to the petitioner

for filing of reply.

The petition is disposed of in the aforesaid terms.

Registry is directed to inform about passing of this order to the

learned Family Court.

All pending application(s), if any, also stands disposed of.

Jyotsna Rewal Dua Judge 24 April, 2023 (CS) th