Shankar Mandal vs The State of Jharkhand

Counsel for the petitioner submitted that the petitioner, being husband, was directed by the court of learned S.D.J.M., Rajmahal in Cr. Misc. No. 45/06 to make payment of Rs.800/- per month to O.P. No.2 and Rs. 500/- each to O.P. Nos. 3 and 4 with further direction that the payment to O.P. Nos. 3 and 4 shall be made till they attain majority or perform their marriage, whichever is earlier. The court also directed for payment of Rs.5,000/- as expenses of the proceeding. The same order was challenged before the court of Sessions Judge, Sahebganj in Cr. Rev. No. 58/2008 but the same was dismissed vide order dated 20.08.2008 on the ground that no application for condonation of delay has been filed and required court fee has also not been filed.

Counsel for the petitioner further submitted that the court of S.D.J.M., Rajmahal passed ex-parte order holding that the opposite parties are entitled for maintenance as this petitioner had solemnized another marriage and ousted the first wife/O.P. No.2 from the matrimonial home. Since no opportunity was afforded to the petitioner to revert the same, the order is fit to be set aside. He also submitted that even the revisional court has not considered in its right spectrum and dismissed it merely on the technical ground.

Shri Mukesh Kumar, learned A.P.P. appearing on behalf of State opposed and drawn the attention of the court that in spite of service of notice this petitioner did not appear before the court of S.D.J.M., Rajmahal and now his plea of passing of ex-parte order by the court is not appropriate. He further submitted that the revisional court has rightly held the performance of second marriage by this petitioner as well as holding that no prayer has been made for condonation of delay which was filed after lapse of 110 days from the date of passing of the ex-parte order.

Considering the pleadings of the parties and on perusal of the certified copy of the order of the court of S.D.J.M., Rajmahal passed in Cr. Misc. No. 45/06 as well as the order of Sessions Judge, Sahebganj passed in Cr. Revision No. 58/08 it appears that the court has held proper service of notice upon this petitioner but he did not appear before the court then the court proceeded ex-parte. The court of S.D.J.M., Rajmahal, after considering the evidence of five witnesses, ordered for payment of maintenance to the O.P. Nos. 2 to 4. The court also ordered for the cost of Rs.5,000/- as expenses of the proceeding. The court of Sessions Judge, Sahebganj considered the entire matter as well as the delay in filing the revision application as also non-filing of application under Section 5 of the Limitation Act and non-deposit of court fee and has rightly rejected the prayer of the petitioner.

Finding no occasion to interfere in the impugned orders dated 15.03.2008 and 20.08.2008, the instant criminal miscellaneous petition is dismissed.