Court No. - 45
Case :- CRIMINAL REVISION No. - 2650 of 2011 Revisionist :- Jhooli Devi Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Sheo Ram Singh,Janardan Yadav Counsel for Opposite Party :- Govt. Advocate,Jai Singh,K.S.Yadav,R.D.Yadav,Rajiv K. Mishra,V.B.Mishra
Hon'ble Siddharth,J.
This revision is directed against the order dated 3.5.2011 passed by the Additional District & Sessions Judge, Court No.7, Azamgarh in Criminal Appeal No.69/2010, under Section 31 of Domestic Violence Act, whereby the order dated 30.4.2010 passed by the trial court has been set aside by the appellate court on the ground that it was an exparte order and passed without opportunity of hearing granted to the revisionist.
A perusal of the order dated 30.4.2010 of the trial court shows that it records the finding that the parties were heard and record was perused by the court below before passing the order directing payment of Rs.4,000/- per month to the revisionist. The order has been set aside by the appellate court. Vide order dated 15.7.2011 operation of the order dated 3.5.2011 passed by the appellate court was stayed by this Court and therefore, learned counsel for the revisionist has prayed that the amount of Rs.4,000/- per month was required to be paid to the revisionist by opposite party No.2, which he has not paid.
Per contra learned counsel for the opposite party No.2 has stated that opposite party No.2 has paid the aforesaid amount.
The revisional court has recorded the finding that from the perusal of the record it appears that the case was transferred to different courts and the opposite party No.2 was not granted opportunity of hearing and opportunity of leading evidence, but the trial court has committed error in deciding the case without complying with the principles of natural justice.
The findings of the appellate court are alleged to be based on record. Learned counsel for the parties agree that the order of the appellate court would be complied by the parties, but the trial court may be directed to decide the case again within a period of one month.
This revision is disposed of directing the court below to rehear the Misc. Case No.728 of 2009 filed by the revisionist under Section 31 of the Domestic Violence Act within a period of one month from the date of production of a certified copy of this order before him by either of the parties after permitting opposite party No.2 to lead evidence in support of his case and also opportunity of hearing to him.
Since the order of the court below passed earlier was in operation during the pendency of the revision, opposite party No.2 shall deposit Rs.50,000/- before the court below, which shall be paid to the revisionist as a precondition for hearing of the case again. In case of non deposit of Rs.50,000/-, the opportunity of rehearing granted by the appellate court shall come to an end and the order passed by the appellate court shall ceased to have any effect and the trial court's order will become final and executable.
Order Date :- 17.9.2018 T. Sinha