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Judgment
M.V. Muralidaran, J
[1] The present application is being filed by the petitioners under Sections 397 and 401 read with section 482 of the Code of Criminal Procedure for quashing/setting aside the impugned order dated 21.01.2019 of the Ld. Family Court, Manipur passed in Cril. Misc. Case No.2 of 2018.
[2] The petitioner Nos.1 & 2 are the wife and daughter respectively of the respondent. The petitioner No.1 is now serving as a staff nurse in Advance Hospital, Palace compound, Imphal East and earned a salary of Rs.6,500/- p.m.
[3] The petitioner and her minor daughter being left without any assistance by the respondent filed Cril. (Maintenance) Case No.33 of 2014 under Section 125 Cr.P.C. in the Ld. Family Court, Manipur against the respondent. Ld. Family Court, Manipur was pleased to pass an order dated 29.09.2015 thereby directing the respondent to pay a sum of Rs.1,500/- to the petitioner and another sum of Rs.5,000/- to her minor daughter.
[4] The petitioners filed Cril. Misc. Case No.2 of 2018 before the Ld. Family Court, Manipur against the respondent for enhancing monthly maintenance payable to petitioner No.1 from Rs.1,500/- (Rupees one thousand five hundred) only to Rs.10,000/- (Rupees ten thousand) only and the amount payable to petitioner No.2 from Rs.5,000/- (Rupees five thousand) only to Rs.10,000/- (Rupees ten thousand) only. On 21.01.2019 on account of inadvertent entry in the dairy of the counsel, neither the petitioners nor their counsels present before the Family Court, Manipur. The entry in the dairy of the counsel was entered was entered as 21.02.2019. When the conducting counsel of the petitioners appeared on 21.02.2019 before the Family Court, Manipur, it came to learn that the said Cril.Misc. Case No.2 of 2018 was dismissed by the Trial Court on 21.01.2019. In all the dates as fixed by the Family Court, Manipur except dated 21.01.2019, the counsels of the petitioners were present.
[5] The petitioners being deeply aggrieved by the impugned order dated 21.01.2019 of the Ld. Family Court, Manipur, passed in Cril. Misc. Case No.2 of 2018 preferred the present criminal revision petition.
[6] I have considered the submissions made by learned counsel appearing on either side and also perused the materials available on record.
[7] Considering the given facts and circumstances of the case, I am not incline to allow the prayer sought for. Therefore
(a) The Petition is allowed and the order in Crl.(Main) Case No.33 of 2014 dated 21.01.2019 passed by the Learned Family Court, Manipur at Imphal West, Imphal is set aside on condition that the petitioner should pay a sum of Rs.50,000/- to the respondent within a period of two weeks from the date of receipt of this order.
(b) The petitioner in Crl.(Main) Case No.33 of 2014 on the file of the learned Family Court, Manipur is restored on its file.
(c) The Ld. Family Court, Manipur West Imphal is directed to dispose of the petition in Crl.(Main) Case No.33 of 2014 within a period of 4 months from the date of production of payment of cost receipt.