HIGHCOURT OF CHHATTISGARH AT BILASPUR CIUMINAL'RBVISIQN 690/2006 APPUCANT NON-APPUCANTS VERSU8 1. 2. Naveen Kumar Shartaa S/o Shri K.C. Shanna Aged about 45 years, R/o Chandan Nagar RasuMya, llosliangabad M.P. - Through; Guardiaa Mother Sint. Mayadevi Shanua W/o Late K.C. Shanna R/o 33, Chandan Nagar, RasuUa Hoslipngabad (M.P.). *^. Smi.Jyoti Sharma W/o Shri Naveen Kuinar Shanna Aged about 38 years, R/o Sushil Patariya, House No. 25/24B, Shaukar Chowk, Nayapara, Raipur, District Raipur (C.G.). Ku. Pooja Sharma D/o Shri Naveen Kuamr Shanna, Aged about 6 years Through Natural guardian Mother Smt, Jyoti Sharma, R/o House No; 25/248, Shaiikar Chowk, Nayapara, Raipur, Talisil 8& District Raipur (C.G.). CRIMINAL REVISION UNDBR SECTION 19 (41 OF THE FAMILY COURT ACT 1984. (SB :Hon'bIe Mr. T.P.Sharma, J.) 'esent:- Shri Y.C. Sharma, Advocate for the applicant, Shri Sudhir Verma, Advocate for the non-appUcants. ORAL- ORDER (Passedon 06/01/201 Ij 1, 2. Heard. By ttus criminal revision un4er Section 19 (4) of the Faauly Ki. Courts Act, 1984 applicant has challenged the legality and propriety of the order dated 25/9/06 passed by First Additioaal Principal Judge, Family Court, Raipur ia Misc. case No. 239/06 whereby reamed First Additional Priacipal Judge, Fanuly Court, iRaipur has refused to set-aside fhe .'.' **-i ./l IS®:;':""1X b 1: 'i»iii<f,.?i iktiiisiyf i^^^s^^'' i' ^" j 6, exparte order ofinauitenance dated 23/ 12/2005 passed by Principal Judge, Pamily Court, Raipur ia Misc. cnmiual case No. 379/05. Leamed counsel for the pardes are heard. Order uapugned, copy of exparte order of laaiatenaace, copy of ofher docuaients aud record of Court below <fi (^i . ' As per title of the criminal revisioa applicant is not a maa of souad miud and has inade parily fhrough his natural guardian niother. Considering fhe specific circuinstances of fhe case trial Court was under obUgation to provide not only opportunily but ainple opportunity to defend his case but Court below has dismissed the petition for setting aside the exparte order of manitenauce aad thereby definitely committed iUegalily. Consequenfly, order impugned is not sustaioable under the law. Order impugued is hereby set-aside aad as a result exparte order of maintenaace dated 23/12/2005 passed iu Misc. cruniaal case No. 379/05 is hereby set aside. Case is remauded back to tfae First Additional F'rincipal Judge, Family Court, Raipur for provMmg opportunily of hearing aad defendi&g case tp' Uie appUcant and pioviding opportunily of adducing evidence to bofh. the parties aad to pass ftie order afresh. . Parties are directed to present before the First Additional Principal Judge, Fataily Court, Raipur on 19/2/2011. Sd/- T.P.Sharnta Judge