1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL REVISION APPLICATION NO.62/2011. (Gendrao @ Baba s/o Deoraoji Kuhite Vs. Mrs. Nanda w/o Gendrao Kuhite and another) -------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mrs. Kirti Satpute, Advocate for the Applicant. --- CORAM : A.P. BHANGALE, J DATE : 20 th JULY, 2011. Heard by consent. R & P dispensed with. It is grievance of the learned counsel for the applicant that, in the order dated 19.03.2011, the learned Judge of the Family Court No.2, Nagpur Shri S.M. Modak, mentioned thus; “on the last date I have heard the arguments of both the learned Advocates and also heard both the parties in person”. In fact, on 25.02.2011, when the case was adjourned to 19.03.2011, the noting of the court mentioned that “both parties are present with counsel. Case adjourned for hearing on Exh.5 on 19.03.2011.” That being so, on the basis of Roznama noting itself, on 25.02.2011, no hearing had taken place in 2 respect of Exh.5. Such hearing also did not take place even on 19.03.2011 before the impugned order was passed whereby the applicant was directed to pay interim maintenance in the sum of Rs.1000/- p.m. to the petitioner No.1 and Rs.500/- p.m. to the petitioner No.2 before the learned Judge, Family Court No.2, Nagpur in Case No.E-85/2010. It is submitted that the present applicant was denied opportunity of hearing before the impugned order was passed. There is substance in the submission so made since the applicant was directed to pay maintenance during pendency of the proceedings before the learned Judge, Family Court No.2, Nagpur without giving him an opportunity to defend his case through his Advocate. Apparently from the office noting annexed with the petition, it appears that no such opportunity was granted. The interim order is set aside. The learned Judge, FamilyM Court, Nagpur is directed to give an opportunity of hearing to both the parties and upon hearing them, pass an order. Interim order is therefore, set aside. Application is disposed of. JUDGE NSN