( 1 ) RULE. Ld. Counsel Mr. KJ Macwan appears and waives service of Rule for respondent No. 1 wife and ld. APP Mr. KT Dave appears and waives service of Rule for respondent No. 2 State of Gujarat. With the consent of the parties, the matter is taken up for final hearing today.

( 2 ) (I) it is submitted by ld. counsel Mr. Medipally for the petitioner husband that the impugned order of maintenance dated 17. 11. 2003 passed by ld. JMFC, Nadiad in Cri. Misc. Application No. 38/2002 (Exh. 27) as the said order is passed in absentia and though the petitioner is a person dependent on his father and having no sufficient means, he has been fastened with the liability to pay an amount of Rs. 3000/ per month by way of maintenance to respondent no. 1 wife. Over and above, the petitioner is also asked to pay Rs. 400/ by way of costs. That the ld. JMFC has committed gross error in determining the amount of maintenance. It is submitted that though there was no cogent documentary evidence as to the income of the present petitioner, the amount of maintenance has been granted to respondent no. 1 wife. (II) it is not a matter of dispute that the present petitioner was absent and he has