1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.M.O. No. 16 of 2006. Date of decision: 30-7-2008. __________________________________________________________________ Smt. Kanchan Kumari. Petitioner. Versus Ravinder Kumar. Respondent. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1 No For the Petitioner : Mr. Lakshay Thakur Advocate vice Mr. M.S. Guleria, Advocate. For the respondent : Mr. G.R. Palsara, Advocate. _________________________________________________________ Surinder Singh, J . (oral) Heard learned counsel for the parties. The brief facts giving rise to the present petition are that the petitioner herein, is the wife of the respondent. Petitioner had filed a petition under Section 125 of the Code of Criminal Procedure seeking maintenance from the respondent-husband. Her petition was dismissed on merits by the trial Court against which she filed revision petition No. 17 of 2005 before the learned Additional Sessions Judge, Mandi. The case was adjourned for 2.12.2005 on which date, the petitioner-wife could not put in appearance, as such the petition was dismissed in default. This order has been assailed in this petition on the ground that the revision petition once admitted for hearing cannot be dismissed in default. There is no dispute on this legal aspect that once the revision petition is admitted for hearing, the Court is bound to examine the legality, Whether reporters of the Local papers are allowed to see the judgment? Yes. 2 propriety and correctness of the order assailed and it cannot be dismissed in default for non-appearance of the revision-petitioner. This proposition is not disputed by the learned counsel for the respondent. In view of this, the impugned order is held to be wrong and illegal. As such the order dated 2.12.2005 passed by learned Additional Sessions Judge, Mandi in Case No. 17 of 2005 dismissing the revision petition in default is set-aside. The case is remanded back to the Court of Additional Sessions Judge, Mandi to dispose it after hearing the parties in accordance with law. The parties are directed to be present before the Court below on 28.8.2008. Records of the lower courts be returned forthwith. (Surinder Singh) Judge. July 30, 2008. (bm)