MUKHRAM SINGH Vs. BUDHNATH SINGH

JUDGEMENT

(1.) The petitioner is challenging the order dtd. 10/8/2022 passed in MJC No.426/2022 whereby the application preferred under Sec. 126(2) of the CrPC to set aside the ex-parte order granting maintenance in favour of the respondent-father in Misc. Criminal Case No.1435/2019 on 20/1/2022 to the tune of Rs.8,000.00 was dismissed.

(2.) Brief facts of the case are that the respondent-father had preferred an application under Sec. 125 CrPC on 3/12/2019 wherein the petitioner did not appear on 15/11/2021, therefore, ex-parte proceeding was initiated and after completion of the proceeding, order dtd. 20/1/2022 was passed by the 2nd Additional Principal Judge, Family Court, Durg.

(3.) Learned counsel for the petitioner submits that the respondent-father, though is old and aged person, but he is earning from various sources and is having sufficient means of earning. The petitioner is blind by birth as well as he has a liability to maintain his handicapped wife and children. He has been targeted at the instance of other family members because he is a Government Servant. As the petitioner was unable to attend the Court proceeding regularly, he engaged an amicus curiae. So his absence in the proceeding is bonafide. Therefore, application has been preferred under Sec. 126 (2) of the CrPC immediately after passing of the order of maintenance within 3 months. So the cause shown by the petitioner is required to be considered sympathetically. Hence learned counsel prays to set aside the said order and the case be remanded back for giving opportunity of hearing, in the interest of justice.