Seema Thakur And Anr vs Ramesh Shandil

Sandeep Sharma, J

Having regard to the nature of prayer made in the instant petition vis-à-vis impugned order passed by the court below, this Court sees no necessity to issue notice to the respondent and as such, same is dispensed with.

Being aggrieved and dissatisfied with order dated 12.12.2019, whereby petition under Section 125(1) of Cr.PC, having been filed by the petitioners has been dismissed in default for want of prosecution, petitioners have approached this Court in the instant proceedings, filed under Section 482 Cr.PC.

Petitioners being legally wedded wife and daughter of respondent-Ramesh Shandil, filed petition under Section 125 Cr.PC., seeking therein maintenance in the court of learned Sessions Judge (Family Court), Shimla, but since on 12.12.2019, neither petitioners nor their counsel, put in appearance before the court below despite repeated pass-overs, court below dismissed the petition in default for want of prosecution.

Averments contained in the petition suggest that prior to filing the petition before learned Sessions Judge (Family Court), Shimla, petitioners had approached Chief Judicial Magistrate, but vide order dated 25.9.2019(Annexure P-2), learned Chief Judicial Magistrate, Shimla, refused to entertain the petition on the ground that since family Court stands established at District Shimla, this Court has no jurisdiction in the present case. Vide aforesaid order, learned CJM while directing to place the case before learned District and Sessions Judge (Family Court), Shimla also directed the parties to appear before the court of learned District and Sessions Judge (Family Court) on 23.10.2019. Though, learned CJM while sending the matter to the learned District and Sessions Judge (Family Court), directed the parties to appear before it on 23.10.2019, but it appears that learned counsel for the parties remained under impression that they would receive notices from the family court. It appears that on 23.12.2019, none appeared on behalf of the petitioners and as such, matter came to be adjourned to 12.10.2019, but even on that day, none appeared their behalf and as such, impugned order dated 12.12.2019, dismissing the petition in default came to be passed.

Though having noticed negligence of the petitioners, who were specifically directed to put in appearance before the Family Court, there appears to be no reason to interfere in the impugned order, but having taken note of the explanation rendered in the petition, this Court deems it fit to grant one opportunity to the petitioners to cause appearance before the learned District and Sessions Judge (Family Court), Shimla, so that their complaint under Section 125 (1) Cr.PC is decided on its own merits.

Consequently, in view of the above, present petition is allowed and impugned order dated 12.12.2019, passed by the learned District and Sessions Judge (Family Court) is quashed and set- aside and petitioners are directed to remain present before the learned Family Court on 24.3.2021, enabling it to proceed with the matter from the stage it was ordered to be dismissed in default. However, it is clarified that in case petitioners fail to put in appearance before the Court on the date fixed by the court, order dated 12.12.2019, shall revive automatically and no more opportunity would be granted to them to put in appearance before the court below. Learned counsel for the petitioners undertakes to apprise the court below with regard to passing of the instant order, enabling it to do the needful expeditiously. The present petition is disposed of along with pending application(s), if any.

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