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2026 DAILYLAW 5582 (UTT)

ABHISHEK GODIYAL v. RIYA GILL

C528/337/2026 · 2026-05-13

Alok Mahra

body2026

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 337 of 2026 Hon ’ble Alok Mah r a, J. Mr. Bhuwan Bhatt, learned counsel for the applicant. 2. Mr. Rishabh Bisht, learned counsel for the respondent. 3. The present criminal misc. application has been filed by the applicant with a prayer to quash the order dated 29.04.2025 passed by Additional Principal Judge, Family Court, Haridwar in Criminal Case No. 50 of 2023, Smt. Riya Gill Vs. Abhishek Godiyal and also to quash the order dated 02.02.2026 passed by Family Court, Haridwar in Misc. Case No. 226 of 2025, Abhishek Godiyal Vs. Smt. Riya Gill. 4. In this case, respondent have filed an application under Section 125 Cr.P.C. which was decreed ex-parte on 29.04.2025 by which the court have fixed monthly maintenance of Rs.4000/ -. The applicant thereafter filed a recall application for recalling the ex-parte order dated 29.04.2025. The said recall application was dismissed for default on 02.02.2026. 5. Learned counsel for the applicant would submit that in all the previous dates, the applicant was present, but, only, on 02.02.2026, due to some personal exigency and miscommunication of dates between the applicant and his Advocate, he could not appear. 6. Heard learned counsel for the parties and perused the record. 7. Considering the aforesaid facts and purely in the interest of justice, the order dated 02.02.2026 passed by Family Court, Haridwar in Misc. Case No. 226 of 2025, Abhishek Godiyal Vs. Smt. Riya Gill is hereby set-aside. The matter is remanded back to the concerned trial court with a direction to consider and decide the application of recall on its merit, in accordance with law, as expeditiously as possible. 8. With the above observation, the present criminal misc. application stands disposed of accordingly. ( Alok Mah r a J.) 13.05.2026 Ujjwal