NEELESH Vs. UMA

JUDGEMENT

(1.) This revision petition is taken up for disposal, though listed on the application in I.A. 2/2012 for early hearing, after hearing the learned counsel appearing for the petitioner and the respondent respectively. Revision petition under Section 19(4) of the Family Courts Act, 1984 (for short 'the Act') is directed against the order dated 27.03.2012 passed in Crl. Misc. No. 555/2011 on the file of the Judge, Family Court, Bijapur.

(2.) Under the impugned order, the learned Judge of the Family Court has dismissed the application filed by the revision petitioner under Section 126(2) of Cr.P.C., seeking for setting aside the earlier order passed by the very Court on 03.10.2011 in Crl. Misc. No. 196/2011 awarding a maintenance in favour of the respondent to a sum of Rs. 10,000/- per month on an application under Section 125 of Cr.P.C.

(3.) The application under Section 126(2) of Cr.P.C. had been filed on two grounds, mainly, that the revision petitioner has not been served in the proceedings initiated by the respondent-wife under Section 125 of Cr.P.C.; that the revision petitioner was staying at Bombay, whereas, the notice had been sent to his home address at Kolhapur and had been returned un-served and thereafter, the Court had permitted the claimant-the wife to effect service through substituted service. The publication which was effected had been carried in 'SAKAL' news daily having publication at Kolhapur; that the service is a no service in the eye of law, as the provision of Code of Civil Procedure does not enable a person being placed ex parte on such premise; that he had not been served and therefore the order is not tenable.