BODH RAJ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application Under Sec. 482, Code of Criminal Procedure by Bodh Raj, the husband of opposite party No. 2, praying that the Orders of the courts below including that of the Additional Sessions Judge rejecting the applicant's revision may be set aside and the Munsif -Magistrate concerned may be directed to decide the petition of the wife Under Sec. 125, Code of Criminal Procedure, afresh.

(2.) It would appear that the opposite party No. 2 filed an application before the Magistrate concerned on 10 -7 -1979, seeking maintenance from the husband on grounds of her desertion by the husband. The Magistrate as per its ex parte Order dated 10 -11 -1979 allowed a maintenance of Rs. 200/ - per month to opposite party No. 2. The applicant preferred an application under proviso to Sec. 126(2), Code of Criminal Procedure, for setting aside that ex -parte Order. The application was rejected by the Magistrate. The applicant then preferred a revision and that revision was also rejected.

(3.) It is urged that the applicant had no knowledge or information of the proceedings Under Sec. 125, Code of Criminal Procedure, and the services effected were not in accordance with Chapter IV Ss. 61 - 69, Code of Criminal Procedure, hence the applicant is entitled to a fresh hearing of the matter on merits.