Patna High Court
Md. Anwar @ Anbar Sekh @ Md. Anbar vs Rashida Khatun on 6 December, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.659 of 2023
Arising Out of PS. Case No.-60 Year-2019 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
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1. MD. ANWAR @ ANBAR SEKH @ MD. ANBAR SON OF MD. TALIM
SHEKH RESIDENT OF VILLAGE- MITHILA DEEP, PS-
JHANJHARPUR, DIST- MADHUBANI
2. MD. ALEMIN SON OF MD. ANWAR RESIDENT OF VILLAGE-
MITHILA DEEP, PS- JHANJHARPUR, DISTT- MADHUBANI AT
PRESENT RESIDING WITH HER FATHER NAMELY MD.
SALAUDDIN, RESIDENT OF VILLAGE- MOHAN BADIYAM, PS-
SAKARI, DISTT- MADHUBANI
3. SANA PARWIN DAUGHTER OF MD. ANWAR RESIDENT OF
VILLAGE- MITHILA DEEP, PS- JHANJHARPUR, DISTT-
MADHUBANI AT PRESENT RESIDING WITH HER FATHER NAMELY
MD. SALAUDDIN, RESIDENT OF VILLAGE- MOHAN BADIYAM, PS-
SAKARI, DISTT- MADHUBANI
... ... Petitioner/s
Versus
RASHIDA KHATUN WIFE OF MD. ANWAR RESIDENT OF VILLAGE-
MITHILA DEEP, PS- JHANJHARPUR, DISTT- MADHUBANI AT
PRESENT RESIDING WITH HER FATHER NAMELY MD. SALAUDDIN,
RESIDENT OF VILLAGE- MOHAN BADIYAM, PS- SAKARI, DISTT-
MADHUBANI
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman
For the Respondent/O.P. : Mr. Shailendra Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL
ORAL JUDGMENT
Date : 06-12-2024
Heard learned counsel for the petitioner as well as
opposite party/wife.
2. This revision petition has been preferred being
aggrieved with the order dated 28.04.2023 passed by the learned
Principal Judge, Family Court, Madhubani in M.R. Case No. 60
Patna High Court CR. REV. No.659 of 2023 dt.06-12-2024
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of 2019 whereby and whereunder, the Family Court allowed the
application filed by the opposite party no. 02 under Section 125
of Cr.P.C. and directed the petitioner to pay monthly
maintenance of Rs. 8000/- to O.P./ Wife and her two children
from the date of order i.e. 28.04.2023.
3. It is submitted by learned counsel for the
petitioner that the Family Court passed the impugned order ex-
parte. According to the counsel, notice was served upon the
petitioner and the petitioner has been declared served only on
the basis of paper publication dated 01.10.2019. It is also
submitted by counsel for the petitioner that he was working at
Delhi but, the summon which has been published through paper
publication was not circulated in Delhi. The said notice was
circulated only in local newspaper in Bihar. However, petitioner
was not aware about the case pending before the court.
Therefore, on this ground only the impugned order is liable to
be set aside.
4. Learned counsel for the O.P./Wife opposes the
prayer made by the counsel for the petitioner and submits that
petitioner was aware of the proceeding pending before the
Family Court and has not appeared before the Family Court
without any reason. Therefore, the Family Court rightly passed
Patna High Court CR. REV. No.659 of 2023 dt.06-12-2024
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the order of maintenance against him.
5. Heard.
6. Perused the impugned order as well as gone
through the entire records of the Family Court.
7. The order sheet of the Family Court reveals that
without any service of notice to the petitioner, the Family Court
on the basis of the application submitted by the O.P. / Wife
passed the order for issuance of summon to the petitioner
through paper publication. The record further shows that the
notice has been published in the local newspaper namely
Prabhat Khabar dated 01.10.2019.
8. Perusal of the application under Section 125
Cr.P.C. clearly shows that in the application itself, the O.P./Wife
mentioned the fact that the petitioner is working in Delhi.
Therefore, the learned Court ought to direct to publish the notice
in the paper which was circulated in Delhi. Thus, it is well
established that notice has not been duly served, therefore, on
this ground the impugned order dated 28.04.2023 is set aside.
9. The matter is remitted back to the concerned
Family Court to decide the matter afresh after giving
appropriate opportunity of hearing to both the parties. Both the
parties are also directed to appear before the concerned Family
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Court on 27.02.2025.
10. Since, the entire matter is of the year 2019, it
is expected that the concerned Family Court will decide the
matter as early as possible preferably within one year from
today.
11. The records of the Trial Court along with the
copy of this Order be sent to the concerned court below to do
the needful.
(Arvind Singh Chandel , J)
shailendra/-
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