JUDGMENT

Swarana Kanta Sharma, J. The present petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") praying for setting aside impugned order dated 17.11.2017 passed by the learned Additional Principal Judge (APJ), Family Courts, Shahdara, Delhi and seeking issuance of directions to the learned Judge, Family Court to pass orders afresh on interim maintenance on merits of the case.

2. The question that arises for consideration is that in case an order is passed setting aside ex-parte proceedings, whether relief of granting ex-parte interim maintenance vide the same order, will also be automatically set aside or not.

3. The brief facts of the case are that the respondent No.2/wife herein had filed an application seeking maintenance from the petitioner/husband herein on 03.06.2014.

4. On the date fixed for appearance of the petitioner/husband i.e. 01.12.2014, since he did not appear despite service of notice, he was proceeded ex-parte. On the said date, the following order was passed by the learned Principal Judge-Family Courts which reads as under:

"...Present: As above.

Respondent is proceeded ex-parte.

Heard