ASHOK KUMAR Vs. FAMILY COURT,DEHRADUN & ORS.

JUDGEMENT

(1.) THIS is a revi­sion against the order dated 25.9.2002 passed by the Principal Judge, Family Court, Dehradun. The order was passed in the proceedings pending for setting aside of the exparte judgment and or­der passed under section 125 of the Code of Criminal Procedure (for short `Code') on the applicant of the wife.

(2.) THE revisionist alleged to have not received the summons or notice of the application and also claimed that ad­dress was wrongly mentioned in the ap­plication under section 125 of the Code. Considering this the revisionist may have a good ground for having the exparte judgment and order set aside" and keeping in view this aspect, the learned Principal Judge should not have saddled the liability on the revisionist to deposit entire amount of maintenance due before the disposal of the applica­tion for setting aside the exparte judg­ment and order. Considering this, the order so passed need to be modified to the extent that during the pendency of the application for setting aside the exparte judgment and order the revision­ist-husband shall pay the maintenance allowance awarded to the respondent ­wife and children at the rate as men­tioned in the judgment and order dated 40.9.2001 and he shall not be required to deposit the arrears before the disposal of the application. With this observa­tion, the petition is finally disposed of.