DAMODARAN Vs. LAKSHMI

JUDGEMENT

(1.) The petitioner, Damodaran, is the husband. The respondent, Lakshmi, is the wife. On 4-1-1988, the respondent-wife filed a petition for maintenance under Section 125, Cr. P.C.

(2.) In M.C. No. 3/88, despite service of the summons, the petitioner-husband did not appear. So, on 26-5-1989, Judicial Magistrate No. II, Erode passed an order awarding maintenance of Rs. 500/- per month.

(3.) On 5-8-1991, i.e. after a lapse of two years and three months, the petitioner husband filed a petition in C.M.P. No. 3270 of 1991 to set aside the ex parte order of maintenance under Section 126(2), Cr. P.C. It is alleged in the petition that the husband petitioner came to know about the ex parte order dated 26-5-1989 only on 3-5-1991.