S BHUPINDER SINGH MAKKAR Vs. NARINDER KAUR

JUDGEMENT

(1.) During the pendency of Crl.M.(M) 650/88 under Section 482 Code of Criminal Procedure (hereinafter referred as 'Code') for quashing of the ex-parte order dated 25-1-J985 passed by Ms. Deepa Sharma, Metropolitan Magistrate, Delhi under Section 125 of the Code in favour of the respondent, the petitioner has tiled this application for stay of the operation of the impugned order. At the time of the admission of the main petition on June 3, 1988, Santosh Duggal, J. stayed the execution proceedings till the next date. On July 12, 1988, my learned brother H. C. Goel J. stayed the operation of the impugned order till further orders. Thereafter, it appears that the Criminal Miscellaneous main as well as this criminal Miscellaneous went on lingering. There were many adjournments for on reason or the other. Ultimately, on April 27, 1989 finding that the disposal of the main petition under Section 482 of the Code may take sometime, I considered it desirable to decide the stay application.

(2.) There was an ex parte order of maintenance against the petitioner husband passed by Ms. Deepa Sharma, Metropolitan Magistrate on 25-1-1985. The record of the file shows that various processes were issued against the petitioner-husband. He was reported to be avoiding service. Ultimately, the petitioner was also served by publication in the Punjab Kesri dated 7-9-1984 published from Jalandhar City because the petitioner husband happens to be a resident of Ludhiana. In spite of that the petitioner remained absent and, therefore, was proceeded ex parte.

(3.) After recording ex parte evidence, the learned Metropolitan Magistrate came to the conclusion that the petitioner husband was guilty of refusal and neglect in maintaing his wife and child i.e. the respondents before this Court. She also came to the conclusion that the income of the petitioner was between Rs. 2,000.00 to Rs 3,000.00 per month. Therefore, keeping in view all the circumstances, she awarded maintenance at the rate of Rs. 500.00 per month to the wife and Rs. 300.00 per month (sic) to the child, respondent No. 2 from the date of the filing of the petition.