IN THE HIGH COURT OF CHHATTISGARH AT

BILASPUR (CHHATTISGARH)

Cr.M.P. ___________of 2023

(DISTRICT RAIPUR)

Amit Kumar Bhardwaj ……….Petitioner

Versus

State of Chhattisgarh and others …..Respondent

INDEX
Round total: Rs. /-
Sr. Page Court
Particular of documents Date
No. No. Fee
1. Urgent form
2. Memo of parties
Petition u/s 482 & 126 of
Cr.P.C., For Quashing of
Illegal Ex – Parte Order ;
Dated: 09/05/2022; Passed
3.
by the Learned Court of
Princiapal Judge, Family
Court, Raipur, State of
Chhatisgarh.
4. Affidavit in support
5. Annexure P-1
6. Annexure P-2
7. Annexure P-3
8. Power of attorney
9. Annexure P-1
10. Annexure P-2

Note: 1. Advance copy supplied to the

1
 Respondent No.1 through mail.

Proof attached.

2. No MP/MLA involved in this case.

Chhattishgarh.

Date:-____/____/2023

(RAM NARAYAN UPADHYAY)

ENROL NO. _______/1987

(Advocate)

Counsel for the Petitioner

2
 IN THE HIGH COURT OF CHHATTISHGARH AT
BILASPUR (CHHATTISGARH)

Cr.M.P. ___________of 2023

(DISTRICT RAIPUR)

MEMO OF PARTIES

1. Amit Kumar Bhardwaj, Son of Sri Shiva Dayal

Sharma, aged about 42 years, residing at present

Block C11, Gulmohar City, Derabassi, SAS Nagar,

District – Mohali, in the State of Punjab, Pin –

140507.

Permanent R/o Plot no. 186, Road no. 5,

Kalpanapuri West, Adityapur, in the State of

Jharkhand, Pin – 832109. ……….Petitioner

Versus

1. State of Chhattishgarh.

2. Deepika Joshi Bhardawaj wife of Amit Kumar

Bhardwaj Sharma and daughter of Sh.Vishnu

Joshi, Resident of :

a) Nearby Roongata College, Hathbandh, District:

Raipur, Chhatisgarh – 493113; PO+PS:

Hathbandh, Raipur, State of Chhatisgarh.

b) Block no. 13, Flat no. 146, Kabir Nagar,

Raipur, Chhatisgarh – 492001; PO+PS: Kabir

Nagar, Raipur. State of Chhatisgarh.

3
 c) Permanent Resident: Vashishth Bhawan,

near Lal Tunkey, PO + PS: Saraipali,

Raigarh, State of Chhatisgarh – 496001.

. . . . Respondent

Place: - Chhatishgarh RAM NARAYAN UPADHYAY

Date: ___/___/2023 ENROL NO._______/1987.

(Advocate)

Counsel for the Petitioner

Petition under Section 482 & 126 of Cr.P.C. 1973, for

quashing of Illegal Ex-Parte Order passed by Learned

Principal Judge, Family Court, Raipur, State of

Chhatisgarh in Misc. Criminal Case (M.C.C.) no. 327 of

2021; dated 09/05/2022, under Section 125 of Cr.P.C

registered before the Learned Principal Judge, Family

Court, Raipur, State of Chhatisgarh and all the

Consequential proceedings arising thereto qua the

petitioner,

And/Or

It is further prayed that the further proceedings

qua the petitioner may kindly be stayed.

And/Or

For issuance of any other appropriate direction or

order as deems fit in the facts and circumstances

of the case.

4
Respectfully Showeth:

1. That the petitioner is permanent resident of above

mentioned address and being citizen of India, are

entitled to invoke the inherent jurisdiction of this

Hon’ble court for seeking quashing of Illegal Ex-

Parte Order passed by Learned Principal Judge,

Family Court, Raipur, State of Chhatisgarh in

Misc. Criminal Case (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, Raipur, Chhatisgarh and all the

Consequential proceedings arising thereto qua the

petitioner, in which the Court has passed an

Illegal Ex-parte Order of Maintenance without

giving any proper opportunity of hearing to the

petitioner. The Certified copy of Ex-Parte order

dated:- 09/05/2022, is attached herewith as

Annexure – 1.

2. That petitioner before this Hon’ble Court is the

husband of Deepika Joshi Bhardwaj (Respondent

no. 2) is innocent person and has not committed

any offence/wrong whatsoever alleged by the

respondent no. 2 in the case of Maintenance

under section 125. The allegation leveled in the

5
 case is all false, baseless, malicious, imaginary

well scripted and vexatious and not supported by

any substantive piece of legal evidence and

concealment of the true facts also.

3. That in the above Case of Maintenance the

respondent no. 2, somehow got succeeded to get

an illegal ex-parte maintenance order before the

court of Learned Principal Judge, Family court,

Raipur, State of Chhatisgarh is totally illegal

without giving any proper opportunity of hearing

to the Petitioner which has 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 principal

of “Natural Justice”.

In Union of India versus W. N. Chadha AIR

1993 SC 1082, the Supreme Court has held that

the rule of audi alteram partem is a rule of justice.

This principle of natural justice controls the

arbitrary action of the court and quasi judicial

body. An arbitrary order/judgment is illegal and

void in the eyes of law.

The court is bound to give the opportunity of

hearing to both parties. Opportunity must be

6
 sufficient otherwise it shall be treated as

denial of justice.

The Learned Principal Judge Family court,

Raipur, State of Chhatisgarh 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.

4. That in 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 under Section 125 of

Cr.P.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 person 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 proceed to hear and determine the case

Ex- parte.

7
 It is clear provisions that satisfaction that

the Petitioner/Opposite Party is willfully avoiding

the service of notice, or that he is willfully

neglecting to attend the Court is a precondition

for enabling the Magistrate (here the Family

Court) to proceed against the respondent in his

absence.

5. That in this case, no such satisfaction appears to

have been arrived at by the Learned Principal

Judge, Family Court, Raipur, State of

Chhatisgarh 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/Opposite Party and has not concluded

that such absence was willful or deliberate. The

impugned order, therefore, cannot be said to be in

accordance with law.

6. That true facts of the present case is the

Petitioner namely Amit Kumar Bhardwaj and

Respondent no.2-Applicant 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

8
 over the communication on above said Website

and Mobile by the way of Whatsapp. The

Petitioner namely Amit Kumar Bhardwaj was

given assurance, believe and full faith by the

respondent no.2-Applicant that she would be the

best wife for him and daughter-in-law for his

family/home and parents as the father of the

Amit Bhardwaj is an old age person and patient of

diseases like Diabetes, Blood Pressure & heart

whereas the mother had Gynaec Cancer of Fourth

stage treated at TATA MEMORIAL CENTRE at

Mumbai and no so much hopes for her life more.

7. That the Petitioner namely Amit Kumar Bhardwaj

and the respondent no.2, 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 no.2-Applicant was

ever raised by the Petitioner namely Amit Kumar

Bhardwaj and his family members . Since then

Petitioner namely Amit Kumar Bhardwaj and

9
 respondent no.2-Applicant are husband and wife

and started living together and for just 23 days

only.

8. That the expenses of the aforesaid marriage was

met by the Parents of the Petitioner namely Amit

Kumar Bhardwaj and they made to believe by the

parents of the Respondent no. 2-Applicant, that

the financial position of the Respondent no.2, and

her family was not good and parents of

respondent no.2 was not in position even to meet

the expenses of the said marriage.

9. That on the day of marriage, dated: 09/12/2020,

Respondent no.2-Applicant and her mother

Kamala Joshi and the entire family shown bitter

thoughts for the Petitioner namely Amit Kumar

Bhardwaj 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 no.2

joined her matrimonial home on 10/12/2020 at

holding no. 36, Road no. 5, Kalpanapuri West,

Adityapur, P.O: Adityapur, P.S.: Adityapur,

District: Seraikella-Kharsawan, Pin: 832109,

State of Jharkhand, and the said marriage was

10
 properly consummated there and there is no

child was born out from the said wed - lock.

10. That Respondent no.2 had fully aware about the

status of family of Petitioner namely Amit Kumar

Bhardwaj as well as the health/physical condition

of the parents of her husband and just after

joining the matrimonial home on dated

10/12/2020, respondent no.2, 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 per her dreams and started

abuse & huge quarrel with them without any

rhyme and reason.

11. That Petitioner namely Amit Kumar Bhardwaj and

his parents and rest of family members could not

understand that why the respondent no.2-

Applicant 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 no.2 and

treated her just like a daughter whereas the

family members of respondent no.2 had not

borne any expenses occurred in the said marriage

11
 saying that they are not in a good financial

position.

12. That respondent no.2 started day to day quarrel

and torture to petitioner and their parents

unnecessarily she started demanding all the

Movable and Immovable property belonging to the

Petitioner namely Amit Kumar Bhardwaj and she

also demanded that her in-laws should

transferred the entire moveable and immovable

property in her name otherwise she would call her

Brother and all the family members and she will

tarnish their prestige and respect in the whole

society as well as implicate the Petitioner namely

Amit Kumar Bhardwaj and his all family

members/relatives in false cases of harassment

for Dowry demand etc., etc. The entire family of

Petitioner namely Amit Kumar Bhardwaj, shocked

to hear this and they tried to make her

understand but nothing positive came out from

their efforts.

13. That on dated 31/12/2020, suddenly at around

09:30 AM, Kamla Joshi (Mother), Pooja Sharma

(Elder Sister) and Vikash Joshi @ Vicky (Elder

Brother) of the respondent no.2 reached at the

matrimonial home of respondent no.2 through

12
 their vehicle i.e. Maruti Suzuki ALTO LXI. bearing

registration no. MP-09-CK-1596, and they all

forcefully pushed the father (Shivdayal Sharma) of

Petitioner namely Amit Kumar Bhardwaj 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 no.2 has also started

beating her husband (Petitioner) with fist and

blows while shouting loudly as well as abusing

her husband i.e. Petitioner namely Amit Kumar

Bhardwaj and his all family members.

14. That all of a sudden the Petitioner namely Amit

Kumar Bhardwaj-husband 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 namely

Amit Kumar Bhardwaj and his family members

from the clutch of Respondent no. 2 and her

parents, brother & sister but after the police left,

the respondent no.2 and her family again started

abusing the family of her husband and the

petitioner too and respondent no. 2 and her

parents, Hijacked the in-laws house in a way

and threatening to implicate them in false cases

13
 of serious nature after capturing his entire house

in their possession. The Petitioner namely Amit

Kumar Bhardwaj -husband, asked them the

reason for this incident then the wife Deepika

Joshi, i.e., respondentno.2, her family members,

pressurized the petitioner namely Amit Kumar

Bhardwaj and his family members and to compel

her father-in-law for transferring their house and

all his Bank balance in the name of respondent

no.2, otherwise they will have to face the dire

consequences.

15. That the whole night of dated 31/12/2020,

Petitioner namely Amit Kumar Bhardwaj and his

parents spent in the shadow of fear, somehow his

father reached the Adityapur police station,

District: Seraikella - Kharswan, State of

Jharkhand on the dated: 01/01/2021 and

informed about the whole incidents and after that

the matter was looked into by the Women's Cell

(Mahila Koshang) located at Adityapur police

station and respondent no. 2 have clearly opened

her mouth demanding divorce and saying that

she took all belongings from in-laws house, to go

to her father's house to save her own neck and

neck of her mother, brother and elder sister only.

14
16. That, after that in the presence of Adityapur

police station officials, Petitioner's wife Deepika

Joshi, i.e., respondent no. 2 with her siblings &

mother; left the matrimonial house in the mid

night around at 01:00 A.M. on dated:

02/01/2021; along with Gold jewellery given by

Petitioner namely Amit Kumar Bhardwaj and his

parents and relatives in the marriage and with her

all belongings valued around Rs.97,500/-

(Mangalsutra, Ring, Mangtika, a Nath and

ornaments of 2 nos. AD sheet), expensive clothes

valued around 60,000/-, 1 wrist watch cost

approxRs. 4,000/-, all her & petitioner's wedding

wear expensive clothes cost approx. Rs.50,000/-

Petitioner namely Amit Kumar Bhardawaj -

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 namely Amit Kumar Bhardwaj

and his parents came to know later after their

departure,

17. That it is appropriate to apprise this Hon’ble

Court about the back ground and conduct of the

15
respondent no. 2 and her family members having

Criminal backgrounds which was came into the

Knowledge of Petitioner namely Amit Kumar

Bhardwaj later on after the marriage of

Respondent no. 2 with the Petitioner namely Amit

Kumar Bhardwaj.

It is important to mention here that a F.I.R.

NO. 200/2014, dated: 29/03/2014; P.S. : Hisar

Civil Lines, Hisar, State of Jharkhand is attached

herewith this petition as ANNEXURE - 2, has

already been registered against the respondent

no. 2 and her siblings i.e. father (Vishnu Joshi),

mother (Kamla Joshi), brother (Vikas Joshi @

Vicky) and sister (Pooja Sharma) at Hisar,

District: Hisar, State: Haryana, and they all were

facing the trial. A copy of case status downloaded

from the official website of the Hisar Court, State

of Haryana bearing no. CHI-658-2015 titled as

State of Haryana Vs. Vikas & etc. is attached

here as Annexure- 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,

16
 vide passing an order dated: 24/01/2020. A copy

of the order dated: - 24/01/2020 is attached here

as Annexure- 4.

18. 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, State of Chhatisgarh, under

section 174-A, of I.P.C. has been registered

against the all above accused persons i.e. Kamla,

Vishnu, Pooja, Vikas and Deepika Joshi

(Respondent no.2) thereafter all the accused in

above said F.I.R. including Deepika Joshi

(Respondent no. 2) were arrested and remanded

to Judicial Custody by the Court concern. A copy

of the above said F.I.R. & remand papers is

attached here as Annexure – 5.

19. That since the behavior of the respondent no. 2

was cruel towards her husband (Petitioner) and

his family members and the father-in-law of

respondent no. 2, was being harassed by her daily

to daily torture moved a complaint to the police

authorities i.e. Police station Adityapur, Saraikela,

State of Jharkhand but the police official has

failed to take any action against the accused

persons mentioned in the complaint in

17
 connivance with the accused persons. A copy of

the complaint dated 01/01/2021 is attached here

as Annexure - 6.

20. That the Petitioner-Amit Kumar Bhardwaj

Sharma 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 no. 2-

but since the police official are acting in the

influence of respondent no. 2 and her family so

the officer concerned has not taken any action on

the complaint moved by Petitioner-Amit Kumar

Bhardwaj. A copy of the said complaint is

attached here as Annexure – 7.

21. That it is most important to mention here that in

the month of February, 2022 the Petitioner-Amit

Kumar Bhardawaj -husband filed a petition under

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 proceedings the respondent no .2, despite

publication and having the due knowledge of the

18
 proceeding did not appear and accordingly the

case was fixed for Ex-Parte hearing but later on

dated: 20/09/2022, surprisingly, the respondent

no. 2 has been appeared in the said divorce

proceedings and filed a petition to recall the ex-

parte proceedings and after recalling the same

proceeding she filed her written statement on

dated: 04/08/2023 with affidavit. A copy of the

Written Statement with affidavit & order sheet of

dated: 04/08/2023 is attached here as Annexure

–8&9.

22. That a bare perusal of the facts it is apparent

from Written Statement with an affidavit filed by

Respondent no. 2, i.e., Deepika 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

no. 2, is not the resident of Raipur, State of

Chhatisgarh but before the Court of Learned

Principal Judge, Family Court, Raipur, she is

using different - different addresses for her

convenience.

23. That Petitioner got knowledge about the Order

passed by Learned Principal Judge, Family

19
 Court, Raipur, of dated: 09/05/2022 by the

Written Statement (W.S.) filed by Respondent

no. 2-wife in Original Matrimonial Suit no.

99/2022 on dated: 04/08/2023. A copy of the

Written Statement with affidavit & order sheet of

dated: 04/08/2023 is attached here as Annexure

–8&9.

24. That the Petitioner has no knowledge about order

passed by 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 of

Principal Judge, Family Court, Raipur, state of

Chhatisgarh; dated: - 09/05/2022 is against the

norms of Natural Justice, So it is liable to be

quash.

25. That Petitioner had no “Opportunity to hear” is an

important fact. The court is bound to give the

opportunity of hearing to both parties.

Opportunity must be sufficient otherwise it shall

be treated as denial of justice.

20
26. That in view of the averments in the Petition filed

u/s. 125 of Cr.P.C. before the Learned Principal

Judge, Family Court, Raipur, State of

Chhatisgarh, by respondent No. 2, the allegations

qua the petitioner is improbable, unrealistic and

unworthy of credence.

It is, therefore, humbly prayed that petition

may kindly be accepted and Ilegal Ex-Parte

Order Passed by Learned Principal Judge,

Family Court, Raipur, u/s 125, on dated:

09/05/2022; and all consequential

proceedings arising thereto qua the

petitioner may kindly be quashed in the

interest of justice.

And/Or

It is further prayed that during the pendency

of this petition, the further proceedings qua the

petitioner may kindly be stayed.

And/Or

Any other relief which this Hon’ble Court

deems fit in the facts and circumstances of the

case may kindly be passed.

21
NOTE: (1) That the petitioner have not filed

any such or similar petition before the Court of

Learned Principal Judge, Family Court, Raipur,

State of Chhatisgarh or in this Hon’ble court or

in the Hon’ble Apex Court of India through the

present counsel. No such or similar petition is

pending before any other court including the

Court of Principal Judge, Family court, Raipur.

(2) That Certified copy of Ex-Parte Order

Passed by Learned Principal Judge, Family Court,

Raipur; dated: 09/05/2022; and other complete

true copies of annexure are annexed herewith.

(3) Affidavit of the petitioner is enclosed in

support of the petition.

Chhattisgarh.

Date:-___/___/________

(RAM NARAYAN UPADHYAY)

ENROL. NO.___________

Advocate

Counsel for the Petitioner

22
 IN THE HIGH COURT OF CHHATISGARH AT

BILASPUR (CHHATISGARH)

Cr.M.P. ___________of 2023

Versus

State of Chhattisgarh and others

Affidavit of Amit Kumar Bhardwaj Son of Sh. Shiv

Dayal Sharma, aged about 42 years, residing at

present Block C11, Gulmohar City, Derabassi, SAS

Nagar, District – Mohali, in the State of Punjab, Pin –

140507, and Permanent R/o Plot no. 186, Road no. 5,

Kalpanapuri West, Adityapur, in the State of

Jharkhand, Pin – 832109.

I, the deponent, do hereby solemnly affirm and declare

as under:-

1. That the accompanying petition has been drafted

in accordance with the information supplied by

the deponent to the Counsel.

23
2. That after drafting the accompanying petition, the

contents thereof have been explained to the

deponent in simple Hindi which he has

understood and are correct.

3. That this affidavit may kindly be read as part and

parcel of the accompanying petition.

4. That no such or similar petition has been filed by

the deponent in this Hon’ble Court or Hon’ble

Supreme Court of India nor is pending before any

other Hon’ble Court.

DEPONENT

Place:

Date:

VERIFICATION

I, the above-named deponent do hereby verify that the

contents of the above affidavit are true and correct to

the best of my knowledge and nothing material has

been concealed there from.

Place:

Date:

24
 DEPONENT

IN THE HIGH COURT OF CHHATTISGARH AT

BILASPUR (CHHATISGARH)

Cr.M.P. ___________of 2023

(DISTRICT RAIPUR)

AMIT KUMAR BHARDWAJ

Versus

State of Chhattisgarh and others

Court Fees Rs. 15/-

Chhattisgarh

Date:-___/____/2023

(RAM NARAYAN UPADHYAY)

25
 ENROL NO.

Advocate

Counsel for the Petitioner

26