GANGABEN Vs. MINOR DARSHAN AMRUTPURI GOSWAMI

JUDGEMENT

(1.) The challenge is given by the petitioner to the order passed by the Judicial Magistrate, First Class, Talod on 27/1/2014 in Criminal Misc. Application No.52 of 2009, whereby the applicant mother is ordered to pay maintenance amount of Rs.3,000.00 for each of the two applicants, who are minors.

(2.) Criminal Misc. Application No.52 of 2009 was filed on 11/5/2009 by one Sureshpuri Mahadevpuri Goswami as a guardian and friend of minor son aged about 12 years and minor daughter aged about 8 years, against the mother, who is the present applicant, under Sec. 125 of the Cr.P.C. The cause title of the impugned order shows that opponent - present applicant, had not been represented by any Advocate.

(3.) Learned advocate Mr. Viral J.Dave for the petitioner submitted that actually the process of the Court was not served to the opponent - present applicant, and para-2 of the impugned judgment itself shows that notice, Exh.12, was issued, but some Goswami Bhupendragiri Balvangiri had taken the notice, who is not at all related to the present petitioner, and the right to file a reply came to be closed.