( 1 ) THIS is a revision against the order of the Magistrate passed in proceedings under the Act (The Muslim Women (Protection of Rights on Divorce) Act, 1986 ). The parties are Muslims. The husband divorced his wife. The wife filed an application under Sec. 3 of the Act. The Magistrate issued notice to the husband. The husband was serving in navy in Goa. There notice was served on him on 19th Oct. , 1987 by registered post. The case was fixed for 9th Nov. , 1987. The Commanding Officer of the husband sent a telegram and a letter on 30th Oct. , 1987 to the Magistrate requesting him to fix some other date in February, 88 as the husband could not be relieved to attend the Court. The husband instructed his brother, who was resident of another District, to make enquiry regarding the case in the Court of the Magistrate. The husband alleged that his brother could not get any information as the case had been transferred to another Court and this is not controverted. Then on 18th November, 1987 the case was ordered to proceed ex parte. Ultimately on 6-1-88 an ex parte order under Sec. 3 (3) of the Act was passed. On 7-1-88 the brother of the husband gave an application t