Madhya Pradesh High Court
Rahul Malviya vs Smt. Versha Malviya on 21 February, 2022
Author: Subodh Abhyankar
1 Cr.R.2814 -2021
THE HIGH COURT OF MADHYA PRADESH, INDORE BENCH
Criminal Revision No. 2814 -2021
(Rahul Malviya vs. Smt. Varsha Malviya)
Indore, Dated: 21.02.2022
Shri Manish Gadkar, learned counsel for the petitioner.
Shri K.C. Kaushal, learned counsel for the respondent.
Record of the court below is available.
With the consent of the counsel for the parties, this criminal
revision is heard and disposed of finally.
ORDER
This revision petition under Section 19(4) of the Family
Court Act read with Sections 397 & Section 401 of Code of
Criminal Procedure, 1973 has been preferred against the final
judgment dated 05.3.2020, passed by the learned Principal Judge,
Family Court, Ratlam in Misc. Criminal Case No.355/2018 under
Section 125 of the Cr.P.C. whereby while allowing the aforesaid
application a sum of Rs.20,000/- has been directed to be paid to
the respondent/wife as maintenance.
Counsel for the petitioner has submitted that the aforesaid
order has been passed ex-parte against the petitioner and although
he was served a notice by the Family Court however, due to death
occurred in his family as also the in-deposition of the petitioner he
could not mark his presence before the Family court on 24.2.2020
2 Cr.R.2814 -2021
and thereafter the matter was fixed on 4.3.2020, but as he wrongly
noted the date of appearance as 24.3.2020 instead of 4.3.2020, and
assuming that the courts have closed on account of lock down
w.e.f. 24.3.2020 pursuant to Covid-19 the petitioner also did not
appear on 24.3.2020, and came to know about the impugned order
on 17.6.2020 when a notice was served upon him by the counsel
for the respondent that the final order has already been passed on
05.3.2020 and he is required to pay Rs.20,000/- per month.
Counsel has submitted that the petitioner was prevented in
appearing in the Family Court on genuine reasons and had no
intention not to appear before the family court. Thus, it is
submitted that the impugned order be set aside and the matter be
remanded back to the family court for its by-parte decision.
Counsel for the respondent has opposed the prayer and has
submitted that a sum of more than Rs.3,83,000/- are to be paid by
the petitioner pursuant to the impugned order and he has
deliberately not appeared before the family court and therefore, no
case for interference is called for.
On due consideration of the rival submissions and on perusal
of the record, it is apparent that the petitioner has not filed by reply
in the family court even after he was represented by the counsel.
However, assuming his contention to be correct, this Court is of
3 Cr.R.2814 -2021
the opinion that an order of merit is more desirable under the facts
and circumstances of the case on certain conditions.
Accordingly, the revision petition stands partly allowed and
impugned order is hereby set aside. However, the petitioner is
directed to pay 50% of the amount due to the respondent/wife
within a period of two months in three equal instalments; the first
installment is to be paid within seven days from today whereas,
the second installment would be paid within 30 days thereafter and
the third installment would be paid within 60 days of the first
deposit.
The matter is remanded back to the concerned family court
and the learned Judge of the Family court is requested to decide
the matter on merit as expeditiously as possible without being
influenced by this order and without giving any unnecessary
adjournment to the petitioner.
The petitioner and the respondent are is also directed to
appear before the Family Court on 07.3.2022 and on the said date
the petitioner shall also file his reply to the application under
Section 125 of Cr.P.C.
Let the record of the case be sent back immediately to the
concerned court for compliance.
It is made clear that the amount so paid by the petitioner
4 Cr.R.2814 -2021
under this order shall be subject to the final order of the case by
the Family Court and in case of non-compliance of this order, it
shall be deemed to be cancelled without further reference and the
respondent shall be free to execute the impugned order dated
05.03.2020 in accordance with law.
Petition stands disposed of.
Certified copy, as per rules.
(Subodh Abhayankar )
JUDGE
moni
Digitally signed by MONI RAJU
Date: 2022.02.21 18:11:24 +05'30'
