A E MUSHERUDEEN Vs. JAMILA BEEVI

JUDGEMENT

(1.) THIS is a revision preferred by the petitioner/ husband against the order passed in M.P. No. 988 of 1992 in M.C. No. 438 of 1991, on the file of Additional Principal Judge, Family Court at Madras, dismissing the petition filed by the petitioner under Section 126(2), Cr. P.C., to set aside an exparte order of maintenance passed in M.C. No. 438 of 1991.

(2.) THIS case has got a chequered history. The 1st respondent herein has filed a petition for maintenance on her behalf and on behalf of her son and daughter, the respondents 2 and 3 herein, against her husband, the petitioner herein in M.C. No. 438 of 1991 on 25.10.1991, before the Family Court at Madras. The petitioner/ husband filed a counter before the Family Court, objecting to her claim on 26.2.1992. During the pendency of the enquiry before the Family Court, there were settlement talks, but however, the matter was not compromised. The case was adjourned periodically for enquiry. At the last stage, the petitioner /husband did not choose to appear before the Family Court. On 22.10.1992, the family Court passed an exparte order, directing the petitioner/husband to pay maintenance at the rate of Rs. 300/ - per month to each of the respondents 1 to 3.

(3.) ON 27.10.1992, the petitioner filed a petition to set aside the ex parte order of maintenance in M.P. No. 988 of 1992, on the ground that he was not able to appear before the Court, since he was bed -ridden due to sickness, and that he was notable to intimate the same to his Advocate and that his absence of the date on which the ex parte order had been passed was not a wilful one.