IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1071 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 quashing the order dated 19.06.2008 passed in Misc. Case No. 35 of 2008. 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 petitioner has filed the application for recalling the ex-partie 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 recalled 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 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 endeavor to decide the matter pertaining to the recall of the ex-parte order expeditiously and without causing any unreasonable delay. 8. With the aforesaid observation, the petition is disposed of accordingly. (B.C. Kandpal, J.) 02.07.2008 ASWAL 2