Kartik Ram v. Kamlamuni

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No.343 of 2018 Kartik Ram, S/o Firtu Ram, aged about 32 years, R/o Village Sardi, Police Chowki Sonkiyari, Tahsil Manora, District Jashpur, Chhattisgarh ---- Applicant versus

1. Kamlamuni, W/o So-called Kartikram, aged about 26 years,

2. Akash (Minor), S/o so-called Kartikram, aged about 5 years, through natural guardian mother Kamlamuni, W/o so-called Kartikram (respondent No.1) Both are R/o Village Sardi, Police Chowki Sonkiyari, Tahsil Manora, District Jashpur, Chhattisgarh --- Respondents For Applicant :

Shri Akhilesh Kumar, Advocate For Respondents :

Shri Vivek Kumar Tripathi, Advocate Hon'ble Shri Justice Arvind Singh Chandel Order on Board 24.7.2018 1.

Heard on admission.

2.

The revision has been preferred against the order dated 23.3.2017 passed by the Family Court, Jashpur in Miscellaneous Criminal Case No.18 of 2015, whereby the Family court has allowed the application moved by the Respondents under Section 125 of the Code of Criminal Procedure and granted maintenance of Rs.1,500/- per month in favour of Respondent No.1 and Rs.1,000/- per month in favour of Respondent No.2, total Rs.2,500/-. 3.

The revision has been moved by the Applicant only on the ground that he was not duly served with the notice before the Trial Court and ex parte order was passed against him.

4.

During the course of argument, Learned Counsel appearing for the Applicant submits that the instant revision may be disposed of with a liberty to the Applicant to file an appropriate application under Section 126(2) of the Code of Criminal Procedure before the Family Court.

5.

Reserving the aforesaid liberty in favour of the Applicant, the revision is accordingly disposed of.

6.

Record of the Court below be sent back along with a copy of this order forthwith for information and necessary compliance. Sd/- (Arvind Singh Chandel) Judge Gopal