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High Court of Punjab and HaryanaCRR(F)/85/2025disposed of

Anil Kumar v. State Of Punjab And Another

2025-01-21Ms. Justice Kirti Singh2 pages

CRR(F)-85-2025(O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.110 CRR(F)-85-2025(O&M) Date of decision : 21.01.2025 ANIL KUMAR ..... Petitioner

VERSUS

STATE OF PUNJAB AND ANOTHER ..... Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Laxman Choudhary, Advocate and Mr. Manjeet Singh Kajla, Advocatefor the petitioner. Mr. Davinder Bir Singh, Sr. DAG, Punjab.

***** KIRTI SINGH, J. (Oral) The present revision petition has been filed for setting aside the impugned order dated 12.12.2024 passed by learned Principal Judge, Family Court, Hoshiarpur, Camp Court at Mukerian.

2.

Learned counsel for the petitioner submits that respondent No. 2 filed a petition seeking maintenance under Section 125 of Cr.P.C. before the learned Court of JMIC, Mukerian, on 01.11.2018. Due to non appearance of the petitioner, learned Court passed an ex parte order dated 21.07.2022 awarding Rs.6000/- per month as maintenance in favor of respondent No.2. He further submits that the petitioner became aware of the case only when a conditional warrant was executed on 13.03.2024, pursuant to which he immediately filed an application dated 04.04.2024 (Annexure P3) to set aside the ex parte order. Subsequently, the hearing of the application was adjourned multiple times for filing a reply. Further, KAVITA NAIN 2025.01.24 17:00 I attest to the accuracy and integrity of this document order/judgment respondent No.2 has filed execution proceeding against the petitioner which

CRR(F)-85-2025(O&M) 2 is pending and the petitioner is suffering due to delay on part of learned Court in deciding the aforesaid application.

3.

Heard.

4.

In view of the submissions made by learned counsel for the petitioner, the order dated 12.12.2024 passed by the Learned Principal Judge, Family Court, Hoshiarpur, Camp at Mukerian, is hereby set aside. Learned Court is hereby directed to decide the pending application for setting aside the ex parte order, within a period of four weeks. 5.

The execution proceedings shall remain stayed until the pendency of the proceedings before the learned Principal Judge, Family Court, Hoshiarpur, Camp Court at Mukerian.

6.

The petition is disposed of in the above terms. 7.

Pending application(s), if any, shall also be disposed of accordingly.

(KIRTI SINGH) JUDGE 21.01.2025 Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No KAVITA NAIN 2025.01.24 17:00 I attest to the accuracy and integrity of this document order/judgment