Heard the learned counsel for the petitioner, Mr.B. Kalifa. The petitioner impugns the judgment and order dated 10 3.86 of the Additional Sessions Judge, Kamrup, Gauhati rejecting his revision petition against the order dated 29.5.85 passed by the Magistrate, First Class, Gauhati in C. M. No 24(K-3) of 1985 under Section 125 of the Code of Criminal Procedure as not maintainable in view of the provision in the proviso to sub sect­ion (2) of Section 126 Cr P.C.

2. The petitioner is a Signaller under the Indian Army in 25 Infantry Divisional Signal Regiment. The first party-opposite party, who is his wife, applied for maintenance for herself and "her child. Several notices were issued to the petitioner. One such notice issued in his home address was returned as “refused to release''. The learned Magistrate after examining the Postal Peon accepted the service of the notice as valid and thereafter allowed the petition for maintenance exparte on 29.5.85 granting Rs. 300/- per month to the first party-opposite party and Rs. 100/-to her son, with effect from the date of filing the application. From that order the petitioner moved a revision petition before the Additional Sessions Judge, Gau

Click Here to Read the rest of this document