IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1073 of 2008 (M/S) Colonel Kunwal Shakti Singh Rathore ..Petitioner Vs Smt. Anita Rathore & another ..Respondents Sri Navneet Kaushik, learned counsel for the petitioner Hon’ble B.C. Kandpal, J. By way of this petition, the petitioner who is alleged husband of respondent No. 1 has sought the prayer for staying the operation of the impugned order dated 27.11.2007 passed by learned Additional Judge, Family Court, Roorkee, District Haridwar. 2. Heard Sri Navneet Kaushik, learned counsel for the petitioner and perused the record. 3. It appears from the perusal of the record that the ex-parte order was passed by the Additional Judge, Family Court on 27.11.2007 on the application moved by the respondent No. 1 under Section 125 Cr.P.C. The Judge, Family Court vide judgment and order directed petitioner to pay a sum of Rs. 5,000/- per month respondent No.1 and Rs. 2,000/- to respondent No. 2 as maintenance and issued recovery warrant. The petitioner has filed the application for recalling the ex-parte order passed against him and that application was numbered as Misc. Case No. 35 of 2008 which is still pending. Order sheet of Misc. Case No. 35 of 2008 shows that both the parties have been directed to appear for reconciliation on 19.06.2008. 4. The approach adopted by the Judge, Family Court in passing the order dated 19.06.2008 appears to be against the settled principle of law. The judge, Family Court should have first recall the ex-parte order passed against the petitioner and thereafter should have directed the parties to appear for reconciliation in the matter. Thereafter, the petitioner should have been afforded an opportunity to plead his case by filing the written statement before the Judge, Family Court in the matter under Section 125 Cr. P.C. 5. I therefore, direct that the Additional Judge, Family Court, Roorkee, District Haridwar shall firstly pass an appropriate order on the application filed by the petitioner for recalling the ex-parte order and thereafter shall proceed in the matter in accordance with the law. 6. The order dated 19.06.2008, by which the direction has been issued to the parties for appearing before the court in order to reconcile the matter, stands set aside. 7. The Additional Judge, Family Court shall take all endeavors to decide the matter pertaining to the recall of the ex-parte order expeditiously and without causing any unreasonable delay. It is further directed that the recovery warrant issued against the petitioner shall be kept in abeyance till the disposal of the application filed by the petitioner for recalling of the ex-parte order. 8. With the aforesaid observation, the petition is disposed of accordingly. (B.C. Kandpal, J.) 02.07.2008 ASWAL