JAGANMOHAN REDDY, J.

( 1 ) THE Additional Sessions Judge, Hyderabad has made this reference for quashing the order of the II City Magistrate, who set aside an ex parte order for maintenance under Section 488 (1) Cr. P. C. after the period of limitation had expired, viz. , after five month) from the date of the order.

( 2 ) IT may be stated that the husband-respondent when he was given the summons for service stated that he being a Government servant the same should be served through the Department and as such refused to accept the summons. The Process Server in his affidavit stated that he had read out the contentions of the summons and since he did not accept the service, made a report accordingly. The respondent was treated as ex parte and a maintenance of Rs. 75 was awarded to the revision petitioner by an order dated 10/06/1963. An application by the respondent was made on 9-10-1963 to set aside the ex parte order and without any notice to the revision petitioner the Magistrate on 10/12/1962 passed an order setting aside the ex parte order.

( 3 ) THE Addl. Sessions Judge, Hyderabad in his reference stated that under the provisions of subsection (6) of Section 188 the three mont

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