ORDER

This Criminal Revision is directed against the order rejecting a petition filed under Section 126(2) of the Code of Criminal Procedure dated 16.04.2019 passed in Un numbered Cr.M.P. in M.C.No.21 of 2018.

2. Admittedly, the marriage between the petitioner and the first respondent was solemnized on 27.11.2014 as per the Hindu Rites and Customs at Dhandal Dhayadiyar Kalyana Mandapam, Rajapalayam and that due to their wedlock, they were blessed with a female child, the second respondent herein on

04.11.2015.

3. It is evident from the records that the respondents have laid a maintenance claim against the petitioner in M.C.No.21 of 2018 on the file of the Family Court, Srivilliputhur, that though the petitioner, after the receipt of Court notice, has entered into appearance, has failed to file counter and to appear before the concerned Court subsequently and that therefore he was set ex-parte.

4. It is further evident that the learned Judge of the Family Court, after conducting enquiry, has passed an ex-parte order dated 16.04.2019 directing the petitioner to pay monthly maintenance at Rs.5,000/- (Rupees Five Thousand only) to the first respondent and monthly maintenance at Rs.3,000/- (Rupees Three Thousand only) to the second respondent from the date of petition.

5. It is not in dispute that the petitioner has filed a petition in H.M.O.P.No.

174 of 2015 for divorce, that the first respondent has filed a petition in H.M.O.P.No.131 of 2016 for restitution of conjugal rights, that the trial Court, after enquiry, vide common order dated 24.07.2019 dismissed the divorce petition and allowed the petition for restitution of conjugal rights and that the petitioner, aggrieved by the said common order, has preferred two appeals in H.M.C.M.A.Nos.39 and 40 of 2019 and the same are pending on the file of the District Court, Srivilliputhur.

6. Meanwhile, the petitioner, aggrieved by the ex-parte order of maintenance, has filed a petition under Section 126(2) Cr.P.C. seeking orders for setting aside the ex-parte order dated 16.04.2019 and the learned Judge of the Family Court, Srivilliputhur, by holding that since the said petition under Section 126(2) Cr.P.C. was filed, after the expiry of three months period from the date of order, the petition itself is not maintainable, rejected the said petition. Aggrieved by the said order of rejection, the petitioner/husband has come forward with the present revision.

7. No doubt, the ex-parte order was passed in M.C.No.21 of 2018 on

16.04.2019 and the petitioner has filed the above application under Section

126(2) Cr.P.C., for setting aside the ex-parte order on 26.11.2019.

8. At this juncture, it is necessary to refer Section 126(2) Cr.P.C., which reads as follows:-

“126(2):- All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proceed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons- cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms at to payment of costs to the opposite party as the Magistrate may think just and proper.”

No doubt, previously there existed two views that the period of limitation of three months should be computed only from the date of order and the second view is that the same should also be computed from the date of knowledge of the ex-parte order. Now, the position is well settled that the application for setting aside the ex-parte order under Section 126(2) Cr.P.C., can be filed within three months from the date of knowledg