ELON CHRIST STEPHEN Vs. STEAPHEN ANTONY VENASIOUS

JUDGEMENT

(1.) Can an application filed under Sec. 125 of the Code of Criminal Procedure be dismissed for default?

(2.) The revision petitioner, through his mother, had filed M.C.No.68/2022 before the Family Court, Pala, against his father - the respondent - under Sec. 125 of the Code of Criminal Procedure ('Code' for short) for an order of maintenance. The revision petitioner has averred in the application that he was born on 1/4/2023 in the wedlock between the respondent and his mother. Due to the cruelty meted out to his mother by his father, his mother was compelled to leave the matrimonial home in her advanced stage of pregnancy with the revision petitioner. The respondent has willfully refused to maintain the revision petitioner since his birth. Hence, the revision petitioner was constrained to file the application for maintenance.

(3.) Along with the application, the revision petitioner had filed a miscellaneous application for interim maintenance. The Family Court allowed the miscellaneous application and ordered the respondent to pay the revision petitioner interim maintenance @ Rs.12,000.00 per month. Yet, the respondent refused to pay maintenance, and the revision petitioner filed an application to execute the order. On 1/7/2023, when the application came up for consideration, the Family Court, by the impugned order, dismissed the application on the ground that there was no representation for the revision petitioner.