SURENDRA KUMAR YADAV Vs. GAYATRI DEVI YADAV

JUDGEMENT

(1.) This revision has been filed against the order dated 4.5.2018 passed by the Family Court, Kanker in M.Cr.C. No.15 of 2018, whereby the Family Court has rejected the application under Sec. 126(2) Crimial P.C. submitted by the Applicant herein.

(2.) Facts of the case are that Respondent No.1 is legally wedded wife of the Applicant. Their marriage was solemnised on 9.5.2016. From their wedlock Respondent No.2 took birth on 9.2.2017. On 31.10.2017 the Respondents filed an application under Sec. 125 Crimial P.C. against the Applicant for grant of maintenance. Since the Applicant did not appear before the Family Court, after recording of ex parte evidence of the Respondents, vide order dated 29.1.2018 passed in M.Cr.C. No.69 of 2017, the Family Court allowed the application under Sec. 125 Crimial P.C. and granted monthly maintenance of Rs.5,000 for each of the Respondents total Rs.10,000. Thereafter, on 23.2.2018, an application under Sec. 126(2) Crimial P.C. has been preferred before the Family Court by the Applicant on the ground that in M.Cr.C. No.69 of 2017 the Applicant has not been served personally for his appearance for any date. In spite of that, the Family Court proceeded ex parte against the Applicant. A reply of said application was filed by the Respondents. After hearing both the parties, vide the impugned order dated 4.5.2018, the Family Court rejected the application of the Applicant. Hence, this revision has been filed by the Applicant.

(3.) Learned Counsel appearing for the Applicant submits that the Family Court ought to have seen that the report of summon according to which summon was served on 16.11.2017 does not tell that on whom the summon was served. The Court below also ought to have examined the person who served the summon to the Applicant. There is nothing on record to show that any of the summon or notice has been served personally to the Applicant. Therefore, it is not established that the Applicant willfully committed negligence in appearing before the Family Court or willfully avoided the service of summon.