High Court of Punjab and HaryanaFAO(FC)/445/2016dismissed

Arun Dahiya v. Sonia

2023-03-28Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh 2023:PHHC:045443 CRR(F)- 445 of 2016 Date of Decision: 28.03.2023 Arun Dahiya ---Petitioner versus Sonia ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Jitender Dhanda, Advocate for the petitioner Mr.Manoj Tanwar, Advocate for the respondent **** JAGMOHAN BANSAL, J. (ORAL) The petitioner, through the instant petition under Section 401 Cr.P.C., is seeking setting aside of ex parte order dated 4.11.2016 passed by District and Sessions Judge, District Judge, Family Court, Sonipat whereby maintenance of Rs.20,000/- has been awarded to respondent-wife.

Learned counsel for the petitioner inter alia contends that impugned order is an ex parte order and just, fair and reasonable opportunity was not granted to petitioner to lead his evidence which resulted into passing of impugned order.

PARAMJIT KAUR SAINI 2023.03.28 12:42 I attest to the accuracy and authenticity of this order/judgment

2023:PHHC:045443 CRR(F)- 445 of 2016 -2On being confronted with proviso to Section 126(2) Cr.P.C. which provides that in case of an ex parte order, if an application is filed within three months, Magistrate may set aside ex parte order, learned counsel for the petitioner submits that the petition may be dismissed as withdrawn with liberty to approach the Family Court.

Dismissed as withdrawn with liberty as aforesaid. ( JAGMOHAN BANSAL ) JUDGE 28.03.2023 paramjit Whether speaking/reasoned : Yes Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.03.28 12:42 I attest to the accuracy and authenticity of this order/judgment