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NO INTERFERENCE OF HIGH COURT REQUIRED IN AN ORDER RECALLING THE EARLIER ORDER DISMISSING THE PETITION FILED UNDER SECTION 125, CRPC: Delhi High Court

Team SoOLEGAL 12 Apr 2019 12:42pm

NO INTERFERENCE OF HIGH COURT REQUIRED IN AN ORDER RECALLING THE EARLIER ORDER DISMISSING THE PETITION FILED UNDER SECTION 125, CRPC: Delhi High Court

The Delhi High Court passed an order in the matter of SURENDER SINGH ARYA vs MEENU ARYA. The brief facts of the case are as follows:

A maintenance petition was filed by the lady in 2003 wherein she the monthly maintenance was fixed at Rs. 2000 per month. Despite the Court's order, the husband tried to extend the things. On a given date in the year 2012 the wife was absent for the hearing and the Court shut her right to lead evidence due to non appearance. Due to the absence of any evidence, the case was dismissed. The wife applied for restoration of her petition and medical grounds were pleaded for non appearance. The reason was found justifiable and the Court recalled its earlier order and directed restoration of the case filed by the wife. Husband challenged the restoration before the High Court.

Justice Sachdeva held “

Application under Section 125 Cr.P.C. was filed as far back in the year 2003 and interim maintenance of only Rs. 2,000/- was awarded and it would not be in the interest of the Respondent – wife to delay the proceedings. She would not benefit from any delay. Even as on date, petitioner is in substantial arrears of maintenance.

Keeping in view the peculiar facts and circumstances of the case in mind, I am of the view that interest of justice would be served by not interfering with the impugned order restoring the petition filed by the respondent to its original number and rejecting the petition”.

The High Court then given its opinion as “I am of the view that it would not be in the interest of justice to accept the plea of the petitioner and to relegate the respondent to filing an appeal”.

Tagged: Delhi High Court   Section 125   Code of Criminal Procedure   Justice Sanjeev Sachdeva  
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