VIJAY DAHIYA Vs. ASHU DAHIYA

JUDGEMENT

(1.) THIS is a revision against the judgment and order dated 10.10.2002 allowing the petition exparte filed by the respondent under section 125 of Criminal Procedure Code and granting her maintenance at the rate of Rs. 5000/- per month.

(2.) HEARD Sri Arvind Vashishtha learned counsel for the petitioner and learned A. G. A.

(3.) IN support of the submission that the petitioner was not served attention has been drawn to Annexure - 2 to the rejoinder affidavit which is Xerox copy of the envelope containing the notice sent to the petitioner. There is en­dorsement on the envelope to the effect that on various dates between 3.10.2002 to 9.10.2002 the addressee namely the petitioner Vijay Dahiya was not found present on the address and finally the envelope returned back on 10.10.2002 by the post - man with this endorsement. From this it is evident that the notice was not in fact served on the petitioner and the learned Principal Judge without perus­ing the record of the case made an order that O. P stands served. There was no occasion in a situation like this to proceed against the petitioner and he has been deprived of his right to put forward his case and resist the petition under section 125 of Criminal Procedure Code on merit.