Budinath Timothi Hembrom vs ) Sailee Sushmita Murmu
2024 Latest Caselaw 9875 Jhar

Jharkhand High Court

Budinath Timothi Hembrom vs ) Sailee Sushmita Murmu on 4 October, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.Rev. No. 997 of 2024
    Budinath Timothi Hembrom                                .. .. ..Petitioner
                                  --VERSUS--
    1) Sailee Sushmita Murmu

    2) Deepak Kumar                                         ... ..Opp. Parties
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA

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For the Petitioner : Mr. Arun Kumar, Advocate For the Opp. Parties :

04/DATED: 04-10-2024 I.A. No.9942 of 2024

1. Learned counsel for the petitioner has appeared.

2. The instant Interlocutory Application has been filed under Section 5 of the Limitation Act for condonation of delay of 79 days' in filing the present Criminal Revision.

3. Having been satisfied with the grounds taken in paragraph No.5 of the instant Interlocutory Application, the delay of 79 days' in filing the present Criminal Revision is hereby condoned.

4. I.A. No.9942 of 2024 is allowed and disposed of.

5. Learned counsel for the petitioner has submitted that this Criminal Revision is directed against the judgment dated 29.02.2024 passed by the learned Principal Judge, Family Court, Pakur in Original Maintenance No.25 of 2024, whereby the suit has been allowed directing the petitioner to pay Rs.7000/- per month to the respondent No.1 and Rs.6000/- per month to the respondent No.2 by 3rd day of each and every succeeding month according to English Calendar. It has been further ordered to pay a sum of Rs.5000/- as litigation cost. The arrears amount of maintenance will be paid to the petitioner from the date of application dated 17.01.2024 within 12 months in equal monthly installments by the opposite party to the petitioners.

6. It is further submitted that the petitioner has never received any notice from the learned Court below during entire process and the matter was heard ex-parte contrary to principles of natural justice and the impugned judgment was passed.

7. In view of the aforesaid, the judgment dated 29.02.2024 passed by the learned Principal Judge, Family Court, Pakur in Original Maintenance No.25 of 2024 shall remain stayed, till 06.12.2024 from today.

8. Let notice be issued upon the opposite party No.1, on her present and current address, under registered cover with A/D as well as under ordinary process, for which, requisites etc. to be filed within three weeks.

9. List this case on 29.11.2024.

(Ratnaker Bhengra, J.) Madhav/-