Ajit Kumar Singh vs The State Of Jharkhand
2023 Latest Caselaw 3617 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Revision No. 921 of 2023

Ajit Kumar Singh, son of Shiv Prasad Singh, resident of village Karigaon,
Pusouli, Power Grid, P.O. Bhitti, P.S. Mohnian, District Kaimur, State Bihar
                                                     ..... ......     Petitioner
                                    Versus
1. The State of Jharkhand
2. Neelam Kumari, wife of Ajit Kumar Singh, resident of New Bishnupur, P.O.
B. Polytechnic, P.S. Dhanbad, District Dhanbad, State Jharkhand
                                                        .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Mrs. J. Mazumdar, Advocate Ms. Anushka Sharma, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P. For the O.P. No.2 : Mr. Suraj Deo Munda, Advocate

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th Order No.06 /Dated: 26 September, 2023 Learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party No.2 are present.

This Criminal Revision has been preferred against the judgment dated 11.05.2022 passed by the learned Additional Principal Judge, Additional Family Cour-II, Dhanbad in Original Maintenance Case No. 140 of 2020, whereby the petitioner was directed to pay the maintenance amount of Rs.10,000/- per month to the wife and Rs.8,000/- per month to the minor daughter.

Learned counsel for the petitioner has submitted that indeed the notice of the said maintenance petition was never served to the petitioner and the service was deemed sufficient by the learned Court below, as such, the impugned judgment was passed ex-parte.

Learned counsel for the State and learned counsel for the opposite party No.2 have conceded that the impugned judgment passed by the learned Court below is ex-parte.

Learned counsel for the parties have jointly consented that since the impugned judgment passed by the learned Court below is ex-parte and the opportunity of hearing was not given to the petitioner/husband in the said maintenance petition, as such, the matter may be remanded to the Court below to decide the same on merit after giving opportunity of hearing to the petitioner to file written statement and to adduce the evidence as well.

In view of the submissions made and the materials available on record, this Criminal Revision is hereby allowed and the impugned judgment passed by the learned Court below is set aside.

Accordingly, the matter is remanded to the learned Court below to decide the maintenance petition afresh as per law after giving opportunity of hearing to the petitioner/husband as well as the opposite party, to file the written statement and to adduce the evidence as well.

(Subhash Chand, J.) Madhav/-