ORDER

V.K. Singhal, J. - The order of the Family Court rejecting the petition filed by the petitioner under Section 126(2) of the Cr. P.C. has been challenged in this petition. The respondent filed a petition under Section125 of the Cr. P.C. on 27-7-1992 seeking maintenance of Rs. 500/-Objections were filed and the Advocate for the petitioner also appeared but on 9-2-1994, the Presiding Officer was on leave. It was stated that thereafter the Advocate had not appeared and ultimately the order under Section 125 was passed on 3-9-1994 awarding maintenance of Rs. 400/- per month. Petition under Section 126(2) was moved on 29-9-1994. The learned Judge was of the opinion that the provisions of Section 126(2) of the Cr. P.C. are applicable to set aside the exparte order. But there is no provision for setting aside the ex parte judgment. In other words, the application under Section 126(2) of the Cr. P.C. could have been moved when the main matter under Section 125 of the Cr. P.C. was pending.

2. Arguments of both the learned Counsel for the parties heard. Section 125 authorises the Magistrate to pass an order in the circumstances given therein. Section 126 prescribes the procedure for a p