( 0( 6

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

BILASPUR (CHHATTISGARH)
Criminal M~sG'""P-etiti0n _ _ _ _of 2023
RN I Ci dY\ '
PETITIONER Amit Bhardwaj Sharma,
VERSUS
RESPONDENT Smt. Deepika Bhardwaj

INDEX
Annex. Page
Sr.No. Particulars
01 Synopsis of the petition A
02 Cri. MisG,-12.e.titi-en-with certificate 1-13
R•'-' I S I OY\'
03 Application for grant of stay with lt-f-f6
affidavit

04 Copy · ~x-Parte Order dated

A-1 1-7--:).6
09.05.202
Copy of F. ~R. NO. 200/2014 , dated: A-2 ,<7-3-5
05
· 29/03/2014; P.S. : Hisar Civil Lines ,
• Hisar,
Copy 9f C:1se
status ·downloaded A-3 36'-38
06
from the off cial webs.ite of the Hisar
Court, State of Har:yana bearing no .
State of
CHl-658-20t 5 titled as
Haryana Vs. Vikas & etc.
Cop~he ~rder dated 24/01/2020
A-4 39
07
Copy of Fl:R. no. 274/2022; dated
A-5 lio-99
08 Estate,
03/06/2022, P.S.: Urban
Hisar, under section 174-A, of 1.P .C.
complaint dated A-6 y.7-48
09 Copy of the
01/01/2021 L{QJ-S/
complaint dated A-7
10 Copy · of the
~')
-u:;;-
. 18.01.2021 A-8 =-- ,-:.J
A copy of the Written Statement with
11
affidavit
sheet of
.
--
dated: A-9 ~}
•• •
Copy of order
12
04/08/2023
Vakalatnama ------
.. --
I
!I
13

jfa:Reil _
KAVIT A BANSAL I

BilasP, r counsel for the Petitioner

D ed: 1~/9 /2023
 -n -

IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT

BILASPUR (CHHATTISGARH )

Criminal Misc.-Petition _ __ _ _of 2023

¥'h\l '; \c/\ ,,
PETITIONER Amit Bhardwaj Sharma,
VERSUS
RESPONDENT Smt. Deepika Bhardwaj

SYNOPSIS

The instant petition has been filed by the petitioner for set-

aside/quashing of Ex-Parte Order passed by Learned Principal

'
Judge, Family Court, Raip0r, (Chhatisgarh) in Criminal M.C .C. no.

327 of 2021 vide its order ·.dated 09.05.2022 under Section 125 of

Cr.P.C registered before the Learned Principal Judge, Family Court,

Raipur whereby the iearned.family court has allowed the case of the

respondent I applicant and directed to the petitioner to pay the

maintenance amount of Rs. ·10,0001- w.e.f. 14.07.2021.

DATES EVENTS

The Petitioner and the respondent both are Hindu by

09.12.2020
religion .and their marriage was solemnized at Tulsi
P.O . & P.S.; Bistuput,
Bhawan, ~:istupur,
Singhbhum, State of
Jamshedpur, District: East
Jharkhand·
Ex-Parte Order passed by Learned Principal Judge ,
'09.05.2022
(Chhatisgarh) in Criminal
Family Court, Raipur,
M.'C.C. no.· 327 of 2021

__µ~_)__
KA VITA BANSAL
Bilaspur
Co unsel fo r til e Petitioner
Dated : J.t.f .f9/ 2023
 IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT
BILASPUR (CHHATTISG ARH)
.. fr11'\"'"'
C nminal Misc. P-etition _ ____.of 2023
PETITIONER Amit Bhardwaj Sharma
'
(Amit Kumar Bh ardwaj)
S/o Shri Shivdayal Sharma , aged
about 34 years, residing of plot no.
186, Road No . 5 behind Nagar
Nigam Office, Kal pana Puri Adityapur
Jamshedpur P.S. Adityapur District -
Jamshedpur (Jharkhand)
(Non-applicant)
VERSUS·
RESPONDENT Smt. Deepika Bhardwaj
W/o Amit Bhardwaj D/o Shri Vishnu
Joshi, Resident of Kabir Nagar
Raipur District - Raipur (CG)
Permanent Resident: Vashishth
Bhawan , near Lal Tunkey, PO + PS:
Saraipali , Raigarh District - Raigarh
(CG) Pin - 496001 (Applicant)
RN,q ct(\ ·
CRIMINAL MISG-..-P-E--T-1:r-lG.N UNDER SECTION 48-2--&-1-26--0E \ 4(L,)
. '""
CRIMI NAL PROCEDURE COD E 1973, 1 C\lff\''\ (Clld fl C. \-

The instant petition has been filed by the

petitioner for set-aside/quashing of Ex-Parte
Order passed by Learned Principal Judge, Family
Court, Raipur, (Chhatisgarh) in Criminal M.C.C.
no. 327 of 2021 vide its order dated 09 .05 .2022
under Section 125 of Cr.P.C registered before the
Learned .Principal Judge , Family Court, Raipu r
whereby the learned famil y co urt has allowed the
case of the respondent/ applicant and directed to
the petition er to pay tl1 e mai ntena nce amount of
 Rs . 10 ,000/- w.e.f. 14.07 .202·1 . Certified copy of
Ex-Parte order dated 09/05/2022 is attached
herewith as ANNEXURE A-1.
FACTS OF THE CASE IS THAT,

1. That the petitioner is permanent resident of above mentioned

address and being citizen of India , and has entitled to invoke

the inhere.nt Jurisdic;:tion of this Hon'ble court for seeking

I

quashing of Illegal Ex-Parte Order passed by Learned

Pri ncipal Judg e, Family Court, Raipur , State of Chhatisgarh in

. .
Criminal M.C.C. no. 327 of 2021 ; dated 09/05/2022, under

Section 125 of Cr.P.C. registered before the Principal Judge,

Family Court, Rai pur, Chhatisgarh , in which the Court has

p~ssed an Ex-parte :Order of Maintenance without giving any

proper opportunity of hearin9 to the ·petitioner.

2. That, brief facts of the case is that , the Petitioner and

Respondent were met on Matrimonial social web site called

(SHAADI.COM) and both decided that they would tie the knot

without knowing each other directly, physically & socially and

without the knowledge of parents just over the communication

on above said Website and Mobile by the way of Whats-app .

The Petitioner was given assurance, believe and full faith by

I J
;1 K

'
the respondent that she would be the best wife for him and
. '
daughter~in-law for his family/home and parents as the father

of the petitioner is an old age person and patient of diseases

like Diabetes, Blood Pressure & heart wh ereas the mother had

Gynaec Cancer of Fourth stage treated at TATA MEMORIAL

CENTRE at Mumbai and no so much hopes fo r her life more.

 3. That, the Petitioner and the respondent both are Hindu by

religion and their marriage was solemnized on 09/12/2020, at

Tulsi Bhawan: Bistupur, P.O. & P.S.; Bistupur, Jamshedpur,

District: East Singhbhum, State of Jharkhand, according to

Hindu Religious Customs & rites in a very simple manner and

prior to marriage, at the time of marriage and after marriage

no demand of dowry as alleged by the respondent was ever

raised by the_Petitioner and his family members. Since then

Petitioner and respondent are husband and wife and started

living togetherand for just 23 days only.

4. That, the expenses of the aforesaid marriage was met by the

Parents of the Petitioner and they made to believe by the

parents of the Respondent that the financial position of the

Respondent, and her famil \ . was not good and parents of

respondent was notin position even to meet the expenses of

the said marriage.

5. That on th~ day of marriage, dated: 09/12/2020, Respondent

and her mother Kamala Joshi and the entire family shown

bitter thoughts for _the Petitioner and his parents and entire

family members but in some way after the persuasion of the

family members and few relatives , the marriage was

solemnized and the respondent joined her matrimonial home

on 10/12/2020 at ho_
lding no. 36, Road no. 5, Kalpanapuri

West, Adityapur, P.O: Adityapur, P.S.: Adityapur, District:

-1 I • .
Seraikella-Kharsawan, Pin : 832109, State of Jharkhand, and
 the said marria ge was properly consummated there and there

is no child was born out from the said wed - lock.

6. That, the Respondent had fully aware about the status .of

family of Petitioner -as well as the health/physical condition of

the parents of her · husband and i·ust after joining the

matrimonial home ·on dated 10/12/2020, the respondent

behaved so strange with her husband, in-laws and other

relatives and she . started leveled allegations that they all

skimped on the wedding expenses and did not get married as

I
I
I
per her dreams and started abuse & huge quarrel with them .
, I
I
i
without any rhyme and reason. I
I
7. That, the Petitioner. and his parents and rest of family

) members ~ou!d not understand that why the respondent · is

behaving like this, whereas they did all the necessary work in

marriage and given so much cloths, gold ornaments to her

being daughter-in-law, i.e., to the respondent and treated her

just like a daughter whereas the family members of

respondent had not borne any expenses occurred in the said

marriage saying that they are not in a good financial position.

That, the respondent startecl day to day quarrel and torture to

I
I petitioner and their parents unnecessarily she started

( demanc;iing all the Movable and Immovable property belonging

I
I I to the Petitioner and she also demanded that her in-laws

should transferred the entire moveable and immovable

property in her name otherwise she woul d call her Brother and

all the family member$ and she will tarni sh their prestige and
 respect in the whol ·
e ~oc1ety as well as implicate the Petitioner
a nd his ~II _family members/relatives in false cases of

harassment for Dowry demand etc., etc. Th e entire family of

Petitioner, _shocked. to hear this and th ey trie.d to mak e h.er

understand but nothing positive came out from their efforts.

9. That, on dated 31/12/2020, suddenly at around 09:30 AM ,

Kamla Joshi (Moth_er), PooJ·a Sharma (Eld er Sister) a~d

Vikash Joshi @ Vicky (Elder Brother) of the respondent

reached at the matrimonial _home of respondent through their

vehicle i.e. Maruti Suzuki AL TO LXI. bearing registration no.

MP-09-CK-1596, and they all forcefully pushed the father

(Shivdayal Sharma) of Petitioner at the main gate of his own

house, suddenly entered in the room of Petitioner which was

on the first floor and started kicking and punching the

Petitioner and suddenly respondent has also started beating

her husband (Petitioner) with fist and blows while shouting

- -

loudly as well· as abusing her husband i.e. Petitioner and his

all family members.

1 o. That, all of a sudden the Petitioner shocked to see such type

of behavior, then . someone dialed 100 number, called the

police and the police reached at house , intervened to save

Petitioner and his family members from the clutch of

Respondent and her' parents , brother sister but after the

police left-; the respondent and . her family again started

- abusing the family of her husband and the petitioner too and
. k d ti in-laws house in a
respondent and her. parents, HIJac a ,e

.
way and · threatening to implicate them in false cases of

· serious nature after capturing his entire house in their

possession. The Petitioner asked them the reason for this

incident then the wife / respondent, her family members,

. ;

pressurized the petitioner and his family members and \o

• • I

compel her father-in-law for transferring their house and all his

balance 11'1 the name of respondent, otherwise they will

. -. -
nigh~ of dated 31/12/2020, Petitioner and his

n the shadow of fear, somehow his father

District: Seraikella -

of Jharkhand on the dated: 01/01/2021 and

e whole i~cidents a~d after .that the matter

the Women's Cell (Mahila -Koshang)

olice station and respondent have

emanding divorce and saying that

in-laws house, to go to her

neck and neck of her mother,

f Adityapui' police . station

shi, i.e., r~spondent with

onial house in the mid

parents and

gings valued

ath and
 ornaments of 2 nos. AD sheet), expensive clothes valued

around 60;000/-, 1 wrist watch c~st approx Rs. 4,00Q/;., all h~r

& petitioner's wedding wear expensive clothes cost approx.

Rs.50,000/- Petitioner - client's (company money) cash

deposited with him Rs. 45,000/-, and some of his mother's

jewellery which was kept in the Almirah of his own room cost

approx Rs. 2,00,000/- was also taken by respondent no. 2

and her sibling & mother, which Petitioner and his parents

came to know ·later after thefr departure.

13. That, it is appropriate to apprise this Hon'ble Court about the

back ground and conduct of the respondent and her family

members having Criminal backgrounds which was came into

the Knowledge of Petitioner later on after the marriage of

Respondent with th~ Petitioner.

14. That, it is important to mention here that a F .I.R. NO.

200/2014, dated: 29/03/2014; P.S. : Hisar Civil Lines, Hi~ar,

' .
State . of Jharkhand is attached herewith this petition as

ANNEXURE A-2, has already been registered against the

respondent and her siblings i.e. father (Vishnu Joshi), mother

· (Kamla Joshi), brother (Vikas Joshi @ Vicl<y) and sister (Pooja

Sharma) at Hisar, District: Hisar, State: Haryana, and they all

w~re ~acing the trial.' copy of case status downloaded from

the_ official wel;>slte of ·tn~., Hlsar Court, State of Haryana

bearing · n~. CHl-8.68·2016 titled as State of Haryana Vs.

Vikas & etc. is attached here as ~NNEXUHE A-3.

 In the above mentioned case the all accused i.e.

Kamla, Vishnu, Pooja, Vikas and Deepika Joshi (respondent

no. 2) were declared as "Proclaimed Offenders" by the

Hon'ble Court of Gagandeep Goyal (JMIC), Hisar, State of

.Haryana, ~ideyassing an order _dated: 24/01/2020. A copy lof

the order dated 24/01/2020 is attached here as ANNEXURE

A-4.

15. That in pursuance to the order passed by the Ld . Judicial

Magistrate Hisar, on _dated 24/01/2020; a F.I.R. no. 274/2022;

dated 03/06/2022, P.S.: Urban Estate, Hisar, under section

174-A, of I.P~C. -has been registered against the all above

accused persons . i.e. Karnla, Vishnu, Pooja, Vikas and

Deepika Joshi/Respondent, thereafter all the accused in

above said F.I.R. including Deepika Joshi/Respondent were

arrested and remanded to Judicial Custody by the Court

concern. A copy of the

.
above said F. I. R. is attached here as
. '

ANNEXURE .A-5.

16. That, since the behavior of the respondent was cruel towards

her husband (Petitioner) and his family members and the

.;,. father-in-la·w of respondent, was being harassed by her daily

. ~-, 1:.
o:>'
'.~_<'-1.s'p' to daily torture moved a complaint to the police authorities i.e.
'··

Police ~tation Adityapur, Saraikela, State of Jharkhand but the

police official has failed to take any action against the accused

persons mention,ed in the- complaint in connivance with the

accused persons, A copy of the complaint dated 01/01/2021 is

attached here.as ANNEXURE A-6

 17. .That, the ~etit~oner has also moved a written complaint before

the Police station Adityapur, Saraikela, state of jharkhand, on

dated: 18/01/2021, stating therein the entire incidents since

from the beginning of his marriage with respondent but since

the police official are acting in the influence of respondent and

her family so the officer concerned has not taken .any action

on the complaint moved by Petitioner. A copy of the said

complaint dated 18.01.2021 is attached here as ANNEXURE

18. That, it is most important to mention here that ln the month .of

February, 2022 the Petitioner husband filed a petition unqer

. section 13 (1) (ia) of the Hindu Marriage Act, 1955, vide

Original Matrimonial Suit no. 99 of 2022, for seeking a decree

of divorce before the Learned Principal Judge Family Court,

Jamsedpur,
.
state of Jharkhand
.
and in the said divorce
l
•: . .

proceedings the respondent, despite publication and having

the due knowledge of the proceeding did not appear and

accordingly the ·case was fixed for Ex-Pa rte hearing but later

J
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n aated: 20/09/2022, surprisingly, the respondent has been
I
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·,
. . . 1,, ; .,
/
appeared in the said divorce proceedings and filed a petition
...., .

to recall the ex-parte proceedings and after recalling the same

proceeding she fil ed her written statement on dated:

04/08/2023 with affidavi t. A bopy of th e Written Statement with

affidavit & ord er sheet of dated : 04/08/2 023 i~ attached here

as ANNEXURE A .. 8 and 9.
 19. That, a bare perusal of the facts it is apparent from Written

Statement with an affidavit filed by Respondent, i.e., 0eepika

Joshi Bhardwaj in aforesaid Original Suit that she is

permanent resident of : Vashishth Bhawan , near Lal Tunkey,

PO + PS: Saraipali, Raigarh, State of Chhatisgarh 496001,

which reveals that the respondent, is not the resident of

Raipur, State of Chhatisgarh but before the Court of Learn~d

Principal Judge, Family Court, Rai pur, she is using different -

different addresses for her convenience.

20. That, the Petitioner has no knowledge about order passed by

I Learned Principal Judge, Family Court, Raipur, of dated:

09/05/2022; because. there . was no any Service of Notice to

the Petitioner nor any Court Notice was published in local

News Paper within the local jurisdiction where the petitioner

resides presently or permanently. Hence the Ex- parte order

passed by the Learned Court ofPrincipal Judge, Family Court,

• •
:
I

Raipur, dated 09/05/2022 is against the norms of Natural

Justice, So it is liable to be quash. Hence this petition on

following !~.gal.grounds :-

GROUNDS
A That, the Petitioner had no "Opportunity to hear" is an
. .
imporwnt fact. The court is bound to give the opportunity of

hearing tq both p·arties. Opportunity must be sufficient

otherwise it shall be treated as denial of justice.

That, tn view of the ayerments In the Petition filed u/s. 125 of

.Cr.P,C. before the Learned Prin 0,ip1;1I Judge, Family Court,
. .
( ' .
Raipur, by respondent, the allegations qua the petitioner is

improbable, unrealistic and unworthy of credence.

C. That, it is .respectfully submitted that, petitioner is innocent

person and has not committed any offence/wrong whatsoever

alleged by the respondent in the case of Maintenance under

section 125. The allegation leveled in the case is all false

. t

baseless, malicious, ·imaginary well scripted and vexatious

a_nd not slipp.cirte·d by any s·~tbstantive piec~ of legal evidence

and concealment ofthe true facts also.

D. That, in the above Case of Maintenance the respondent, I

somehow got succeeded to get an illegal ex-parte

maintenance order before the court ·of Learned Principal

Judge, Family court, .Raipur is totally illegal without giving any

. .

proper. opportunity of hearing to the Petitioner which h~s

violated the principal of ''Audi Alteram . Partem" which

means "listen to other side" or "let the other side be heard as

well". This Phrase is: considered to be a princi pal of "Natural

Justice".

--That, in the matter of'Union of India versus VV. N. Chadha AIR

1993 SC 1082, the Supreme Court has held that the rule of

audi alteram
artem .'·is a rule of ·ustice. This rinci le of

.natural justice controls ·. th e,-,:arbitrary action of the court and

. . ' . '

g·uasi judicial . body. An arbitrary order/ju dgme~t is illegal and

void in the eyes nf law.

F. That, The court is bound to give the opportunity of hearing to

b~th parties. Opportunity must be sufficient otherwise it

shall be treated as ·denial of justice. The Learned Princi~al

Judge Family 'court, ·Raipur has passed a Maintenance order

U/s. 125 of Cr.P.C. without hearing the husband / petitioner

and in hurry to deliver a justice acted like biasly.

•'

G. That, in the matter of Umakant Bhaskarao Nawarkhele Vs.

Sou. Sneha Umakant Nawarkhele & Ors, in Criminal

Revision Application no. 21 of 2014, the Bombay High

Court has · held that· Section 126 of the Code of Criminal

Procedure .'requires that all evidence in the proceedings untjer

'
Section 125 of Cr.F(C. should be taken in presence of the

person against whom an order for payment of maintenance is

proposed to be made i.e. the respondent to the maintenance

application. If the Magistrate (here the Family Court) is

\

satisfied that the p~,rson against whom an order for payment

of maintenance is proposed to be made is willfully avoiding

.
-service, or. willfully neglecting to attend the Court, the

Magistrate -(here the Family Court) may proce~d to hear and

determine the case Ex- parte.

H. That, it is clear .provisions that satisfaction that the

Petitioner/Opposite Party is .willfully ayolding the service of

notice, or that he is willfully neglecting to attend the Court is a

precondition for enabling the Magl$trate (here the Family

. .
.Court) to proceed ag(illnst th~ respo_
n,dent in his. absence.
. .
 I. That, in this case, no such satisfaction appears to have been

arrived at · by the · Learned Principal Judge, Family Court,

Raipur in as much as the impugned order does not show so.

The learned Judge of the Family Court has automatically

proceeded with the matter by simply noting the "Absence" of

the Petitioner/Opposifo Party and has not concluded that such

absence was· willful or deliberate. The impugned ordErf,

therefore, cannot be. said to be in accordance with law.

J. Any other grounds will be raised at the time of hearing.

PRAYER

It is theref6re prayed that, this Hon'ble Court may kindly be pleased

to allow the petition and set-aside/quashed of Ex-Parte Order

passed · by Learned Principal Judge, Family Court, Raipur,

(Chhatisgarh) in Criminal M;c :c. ri'o. 327 of 2021 vide its order dated

09~05.2022in the interest of justiGe.

ld}t;ffe9?i
KAVIT A BANSAL
Bilaspur
Counsel for the Petitioner
Dated : f y/ '1/2023
CERTIFICATE
\l~.: w,1,s
- - It is . certified that due · care has been taken in the case to
.,
+· 1\
, ,

comply with the provisions of Chhattisgarh High Court Rules.

\.

KAVIT A BANSAL
Bil~spur Cou nsel for the Petitioner
Dated I {. ?j.202·3
 IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT
BILASPUR (CHHATTISGARH)
I.A.NO. /2023
IN
. J< l\.l .._ W\\ -
Criminal Miso:--~eutioi:i
- - - - -of 2023
PETITIONER Amit Bhardwaj Sharma,
VERSUS .
RESPONDENT Smt. Deepika Bhardwaj
APPLICATION FOR GRANT OF STAY ·
I
The above named petiticmer most humbly and respectfully begs
to submit as under:-
1. That, the instant petition has been filed by the petitioner for
set-aside/quashing of Ex-Parte Order passed by Learned Principal
Judge, Family Court, Raip.ur, (Chhatisgarh) in Criminal M.C.C. no.
327 of 2021 vide its order dated 09.05.2022 under Section 125 of
Cr.P.C registered before the Learned Principal Judge, Family Court,
Raipur whereby the learned family court has allowed ·the case of the
I respondent I applicant and directed to the petitioner to pay the
maintenance amount of Rs~10,000/-w.e.f. 14.07.2021.
2. That, the respondent, · somehow got succeeded to get an
illegal ex-parte maintenance order before the court of Learned
Principal Judge, Family court, Raipur is totally illegal without givihg
. any proper opportunity of hearing to the Petitioner which has
violated the principal of_. "Audi Alteram Partem" which means
" isten to other side" or "let the other side be heard as well ". This
Phrase is considered to be a principal
..
of "Natural
.
Justice".
.

3. That, after' obtaining the ex-pa rte order from the family court,
the petitioner has expected that, the respondent will going to file the
execution proceeding against the petitioner, looking to the above
facts, this Hon'ble Court may kindly be pleased to stay the effect and
operation of the Ex-Parte Order passed by Learn ed Principal Judge,
Family Court, Raipur, (Chhatisgarh) ifl Criminal M.C .C. no. 327 of
2021 vide its order dated 09.05.2022 till th e final disposal of the
instant petition.
4. An affidavit in support of this applicati on is fil ed herewith .
 PRAYER
It is therefore pr~yed that, this Hon'ble· Court may kindly be pleas~d
to allow the application and stay the effect and operation of the E;x-
Parte Order passed by Learned Principal Judge, Family Court,
Raipur, (Chhatisgarh) in Criminal M.C.C. no. 327 of 2021 vide its
order dated 09.05 .2022 till the final disposal of the instant petition in i
the interest of justice.

'

Bilaspur·
llf/3(~6
KAVIT A BANSAL
Dated : tY/~/20~3 Counsel for the Petitioner