RAJA RAM Vs. JAM MALA JAM

JUDGEMENT

(1.) This revision, under section 397, Cr.P.C. has been finally heard at admission stage after notice to the parties and is being disposed of finally at admission stage.

(2.) Revisionist Raja Ram and opposite party No.1 Smt. Jam Mala Jam are husband and wife. They were married in 1967. Wedlock was blessed with three children who are now grown up. Both of them were blessed by God in the sense that they were born in high caste families. It is borne out that revisionist Raja Ram is blessed with education. He is Deputy Director Council of Mines Safety and is posted at Chaibasa, district Dhanbad (Bihar). Opposite party No.1, the wife, is blessed in the sense that she is from a high caste familty of district Muzaffamangar in U.P. But the couple is not so blessed in family life. The relations have been estraged since long. In 1981 revisionist Raja Ram filed divorce petition at Dhanbad. It is said that in that petition civil court awarded interim maintenance of Rs. 450/per month to the wife. It is further alleged that the divorce petition is still pending. In 1987 wife filed application for maintenance under Section 125, Cr.P.C. at Mazaffarnagar. On 29th January 1988 revisionist filed objections. It appears that he did not appear personally before the Magistrate on subsequent dates. But his counsel took adjournments and at one stage also got an ex-parte order set aside. On 11 th August, 1988 Magistrate recorded ex-parte evidence. On 22nd August, 1988 Magistrate passed ex-parte order awarding maintenance of Rs. 500/- per month to the wife and Rs. 500/- per month to each of the children.

(3.) Then within limitation of three months husband applied for setting aside of ex-parte order under the proviso of section 126(2), Cr.P.C. His case was that he was not served with summons. After having knowledge of the maintenance application he filed objections. But in his presence no date was fixed. He instructed his counsel to intimate the date fixed. But his counsel did not intimate him the date fixed. When he came to know of the ex-parte order on account of realisation from his pay he applied for setting aside of ex-parte order.