Key Points from the Judgment

Subject: Family Law - Maintenance Proceedings under Sections 125, 126 Cr.P.C. (!) [judgement_subject]

Core Principle: Proper service of notice is essential in maintenance proceedings; limitation for setting aside ex-parte orders runs from the date the party acquires knowledge of the order, not the date of the order itself. (!) (!) (!) (!)

Facts: - Respondent No.1 (wife) and Respondent No.2 (minor daughter) filed maintenance petition under Section 125 Cr.P.C. against petitioner (husband/father), pending as Case No. MNT-13-2022 before Principal Judge, Family Court, Rewari. (!) - Family Court proceeded ex-parte against petitioner on 12.05.2022, noting registered cover notice returned with refusal report, but without detailing refusal or complying with service procedures. (!) (!) - Petitioner became aware of proceedings and ex-parte order on 05.12.2022 upon obtaining online copy of this Court's transfer order (TA-1124-2022) in his related HMA case (No. HMA/1180/2021), which mentioned the maintenance case fixed for 07.12.2022. (!) - Petitioner filed application on 07.12.2022 to set aside ex-parte order dated 12.05.2022. (!) (!) - Respondents denied petitioner's lack of knowledge, claiming due service. (!)

Issues: - Whether Family Court properly served notice on petitioner under Cr.P.C. provisions. (!) - Whether application to set aside ex-parte order was time-barred (filed ~7 months after ex-parte order but 2 days after knowledge). (!) (!)

Court's Findings: - Family Court failed to comply with Sections 62 and 68 Cr.P.C. for summons service; no service report details, no recorded satisfaction under proviso to Section 126(2) Cr.P.C. that petitioner was wilfully avoiding service or neglecting attendance. (!) - Limitation period for setting aside ex-parte maintenance order under Section 126(2) Cr.P.C. commences from date of knowledge of the order; petitioner's application filed promptly within 2 days of knowledge on 05.12.2022, hence not time-barred. No contrary evidence from respondents. (!) (!) (!) (!) (!) - Respondents failed to disprove petitioner's knowledge timeline with credible material. (!)

Ratio Decidendi: Ex-parte proceedings in maintenance cases require strict adherence to Cr.P.C. service provisions (Sections 62, 68, 126(2)); absence of proper service and recorded satisfaction invalidates ex-parte order; limitation starts upon acquiring knowledge. (!) (!) (!) (!)

Result: Criminal Revision (F) No. 979 of 2023 allowed; ex-parte order dated 12.05.2022 and dismissal order dated 31.05.2023 set aside; petitioner entitled to participate fully in maintenance proceedings before Family Court, Rewari. (!)