1988 Supreme(Raj) 786
V.S.DAVE
Abdul Haneef – Appellant
Versus
Anis Fatma – Respondent
For the Petitioner:Mr. K.K. Sharma and Mr. R.K. Mathur, Advocates.
For the Respondents:Mr. M.S. Bhargava, Advocates.
JUDGMENT
1. - This is a petition under Section 432 Criminal Procedure Code challenging the order passed by Addl. Sessions Judge No 1. Kota upholding the order of Addl. Chief Judicial Magistrate No. 3. Kota by which he granted maintenance to the non-petitioner, Anis Fatma, in an application under S 125 Cr. P.C. This petition comes in peculiar circumstances where the ex-parte order has been passed against the petitioner. It is not necessary to narrate the facts on merits of the main case as I am not deciding this case on merits. By an ex-parte order, dated 23.6.87, the trial court awarded maintenance of Rs. 250/- per month for the non-petitioner and an equal amount for her daughters making a total of Rs. 500/-, The only point raised in this petition is that the ex parte order should be set aside in the inherent powers of this court and the case i.e. remanded to the trial court for proceeding in accordance with law. The petitioner's grievance is that no service was effected on hint and he learnt about the order only from a newspaper cutting and no sooner did he learn about it, he filed a revision petition on 14.7.87 before learned Addl. Sessions Judge No. 1, Kota and the learned Judge
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