HEMANT KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Sec. 401 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") praying for setting aside impugned order dtd. 17/11/2017 passed by the learned Additional Principal Judge (APJ), Family Courts, Shahdara, Delhi and seeking issuance of directions to the learned Judge, Family Court to pass orders afresh on interim maintenance on merits of the case.

(2.) The question that arises for consideration is that in case an order is passed setting aside ex-parte proceedings, whether relief of granting ex-parte interim maintenance vide the same order, will also be automatically set aside or not.

(3.) The brief facts of the case are that the respondent No.2/wife herein had filed an application seeking maintenance from the petitioner/husband herein on 3/6/2014.