Chitranjan vs Smt Poonam Shrimali on 19 February, 2019

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Rajasthan High Court - Jodhpur

Chitranjan vs Smt Poonam Shrimali on 19 February, 2019

Bench: Manoj Kumar Garg

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Revision No. 181/2018

Chitranjan S/o Shri Kartivardhan Shrimali, R/o Village Biliya, P.S.
Gangapur, Distt. Chittorgarh.
                                                                   ----Petitioner
                                        Versus
Smt. Poonam Shrimali W/o Shri Chitranjan Shrimali D/o Shri
Damodarlal Shrimali, R/o 116, Aakashwani, Uit Colony, Purohitan
Ki Madri, Ward No.31, Udaipur.
                                                               ----Respondent


For Petitioner(s)           :        Mr.Abhinav Jain, Adv.
For Respondent(s)           :        Mr.Mahaveer Vishnoi, Adv.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 19/02/2019 The instant criminal revision petition has been filed by the petitioner against the order dated 13.12.2017 passed by the learned Family Court, Udaipur in Criminal Case No.233/2017, by which, the application filed by the petitioner-husband under Section 126(2) Cr.P.C. was dismissed.

Learned counsel for the petitioner submits that in pursuance of the order dated 21.12.2016 passed by the learned Family Court, the petitioner is regularly paying the maintenance allowance to the respondent-wife and the application of the petitioner under Section 126(2) Cr.P.C. was dismissed only on the ground of limitation. The learned Family Court has not considered the merit of the case. In these circumstances, he prays that the matter may be remanded back and the learned Family Court may (2 of 2) [CRLR-181/2018] be directed to decide the application under Section 126(2) Cr.P.C. on merit.

Per contra, learned counsel for the respondent-wife prayed that the learned Family Court has rightly dismissed the application filed by the petitioner under Section 126(2) Cr.P.C.. He submits that the petitioner has not paid anything to the respondent despite the directions of the learned Family Court, Udaipur.

I have considered the arguments advanced before me and have carefully gone through the material available on record.

A perusal of the impugned order dated 13.12.2017 reveals that the Family Court decided the application under Section 126(2) Cr.P.C. only on the ground of limitation and has not considered the merit of the case. In these circumstances, the matter requires to be remitted back to the Family Court with the direction to hear both the parties and decide the application under Section 126(2) Cr.P.C. on merit subject to payment of the entire amount by the petitioner in pursuance to the direction of the Family Court vide order dated 21.12.2016.

In the result, the revision petition is allowed. The order dated 13.12.2017 passed by the Family Court, Udaipur is set aside and the case is remanded back to the Family Court, Udaipur to hear both the parties and decide the application under Section 126(2) Cr.P.C. on merit. It is made clear that the petitioner will deposit the entire amount of arrears as well as regularly pay the maintenance amount as ordered by the Family Court, Udaipur vide order dated 21.12.2016 to the respondent- Smt. Poonnam Shrimali.

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Rajasthan High Court - Jodhpur