Proper service of notice is essential for the validity of maintenance orders under Section 125 of the Cr.P.C.

This revision has been filed by the applicant under Section 397/401 of the Cr.P.C . being aggrieved by judgment of conviction and order of sentence dated 27.02.2024 passed by the Principal Judge, Family Court, Bhopal in M.Cr.C. No.1453/2022, whereby the Family Court has directed the applicant to pay maintenance of Rs.30,000/-per month from the date of filing of application.

2. Learned counsel for the applicant submits that the present applicant filed an application under Section 125 of Cr.P.C . before the Family Court, Bhopal. Notice of the said application was duly served at the address of the respondent. Notice was also served through E-mail as well as through Whats app to the respondent. The Family Court then passed an order dated 30/09/2022 and directed the respondent to pay a sum of Rs.30,000/- per month as maintenance.

3. After passing of the order, the respondent moved an application under Section 126 (2) of Cr.P.C . before the Family Court, Bhopal and in the application it was submitted by the respondent that notice of the application was not served upon the respondent and the order was passed behind his back.

The said application was opposed by the present applicant, however, vide impugned order, the Court has allowed the said application and set aside the order of granting maintenance dated 30/09/2022.

4. It is contended by the counsel that the Family Court was required to appreciate the fact that the notices were duly served upon the respondent which was evident from the delivery report/receipt of the postal department which reflected that on 14/07/2022, notice was delivered to the addressee. It is also contended by the counsel that the Court has failed to appreciate that the notice of the application filed under Section 125 of Cr.P.C . was given through E-mail as well as Whats app to the respondent, however, the Family Court while passing the impugned order has failed to appreciate the aforesaid aspect of the matter and in a purely mechanical manner has set aside the order dated 23/09/2022.

5. Having heard the submissions advanced on behalf of the petitioner and on perusal of paragraphs 9 & 10 of the impugned order reflect that the Family Court while dealing with the application moved by the respondent under Section 126 (2) of the Cr.P.C . considered the aspect that there is postal report dated 14/07/2022 which reflects that notice was delivered to addressee but the same did not reveal that the notice was delivered to respondent only. The Court further observed that the present applicant has not produced any material to establish that the E-mail ID on which the notice was sent, was the E-mail ID of the respondent only. Simultaneously, as regards Whats app message also, the Family Court observed that there was no material to establish that the Mobile number on which the Whats app message was sent, was also of the respondent.

6. Thus, paragraph 10 of the impugned order leaves no iota of doubt that the Court while considering the all material, concluded that the respondent was not served properly before passing of the order impugned and accordingly has set aside the same. The parties have been further directed to appear in the original case. Thus, this Court does not find any infirmity in the order impugned.

7. Accordingly, the Revision Petition stands dismissed.