LAWS(KAR)-1980-8-25

BHIMAPPA GANGAPPA Vs. INDIRABAI

Decided On August 18, 1980
BHIMAPPA GANGAPPA Appellant
V/S
INDIRABAI Respondents

JUDGEMENT

(1.) This revision is directed against the order dated 31-12-1979 passed by the Judicial Magistrate First Class, Bagalkot, in Mis. No. 62/79, whereby he has dismissed the application made by the petitioner under S, 126 (2) Cr.P C. on the ground that it was barred by time and principles of res-judicata.

(2.) It arises in this way : The respondent claiming to be legally wedded wife of the petitioner made an application on 3-10-1477 under S. 125 Cr.P.C. in Crl. Mis. No. 82/77 claiming separate maintenance on the ground that the petitioner had neglected and refused to provide maintenance to her. It is not clear from the proceedings how the notice of the application was served on the petitioner. According to the Petitioner, however the notice was served on him by a registered post between 8-11-77 and 14-11-77. The case was posted on 14-11-77. It appears, the petitioner sent a telegram on 14-11-77 seeking adjournment. The Judicial Magistrate First Class, however, ignoring the same, but without recording any reasons about his satisfaction that the petitioner was wilfully neglecting to attend the Court, made an order placing him ex parte as follows : "14-11-77 Applicant by V.S.K. appearance SS. served. Respondent called and placed ex parte. Ex parte by 21-11-77 Sd. 14-11-77"

(3.) On the adjourned date, on 21-11-77 he proceeded to record the evidence of respondent on 21-11-77 and made an order awarding maintenance to respondent at the rate of Rs. 80 per month from the date of order.