Deepak Agarwal vs Smt. Nidhi Agarwal and another

G.D. Saxena, J.—Heard on I.A. No. 8060/2011, which is an application u/s 5 of the Limitation Act for condonation of delay caused in filing the revision petition. There is a delay of 14 days in filing the revision petition. Considering the averments made in the application, the same is allowed. Delay caused in filing the revision petition is hereby condoned.

With the consent of learned counsel for the parties, the matter is heard finally at the stage of motion.

This revision petition u/s 397/401 of Cr.P.C. has been filed by the petitioner challenging the order dated 24/3/2011 passed by Additional Principal Judge, Family Court, Gwalior in case No. 433/2009, whereby by passing an ex parte order the application u/s 125 of Cr.P.C. filed by the respondents for grant of interim maintenance has been allowed in part and thereby the petitioner has been directed to pay an amount of Rs. 5,000/- per month to the respondent No. 1, who is his wife, and Rs. 2,000/- per month to the respondent No. 2, who is his daughter, as interim maintenance.

Having heard learned counsel for the parties and on perusal of the documents, it appears that due to grave matrimonial dispute between the petitioner and respondent No. 1 an application u/s 125 of Cr.P.C. was filed by the respondents before the Family Court for grant of maintenance allowance. During the proceeding of the case, petitioner remained absent, hence, notice by publication was issued to him, but even thereafter when he did not appear before the Court, he was proceeded ex parte and vide order impugned the application u/s 125 of Cr.P.C. filed by the respondents was allowed in part and petitioner has been directed to pay the interim maintenance to the respondents as aforesaid. Vide order impugned learned court below also directed the petitioner to remain present personally for reconciliation and further to file reply of the application u/s 125 of Cr.P.C. Thereafter, an application was filed by the petitioner for setting aside the aforesaid ex parte order, but the same has also been rejected vide order dated 25/5/2011, a photocopy of which has been produced by learned counsel today before this Court, which is taken on record.

In view of the aforesaid factual matrix as well as circumstances of the case, this revision petition is hereby disposed of with direction to the petitioner to move an application u/s 125(4), (5) of Cr.P.C. seeking a relief for cancellation of the order of interim maintenance or u/s 127 of Cr.P.C. for alteration in allowances under the changed circumstances, if any, which shall be decided by learned court below in accordance with law after affording opportunity of hearing to both the parties.

With the aforesaid, this petition stands disposed of. Certified copy today itself.