HARI MOHAN DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) B. P. Singh, J. Heard this application in Revision is directed against the order dated 8-1-85 passed by the Judicial Magistrate, Munsif Purvi Ballia in Criminal Case No. 16/82.

(2.) SMT. Tulsi had moved an application under Section 125, Cr. P. C. against Hari Mohan Dubey for maintenance. The application was allowed ex-parte on 2-2-82 by the learned Magistrate. Thereafter the husband applied for setting aside the ex-parte order and the case was restored on his application. On 19-8-83 the husband applied for transfer of case and further proceedings in the case were stayed by this court. The stay order was however, vacated on 3-5-84 and the transfer application was rejected.

(3.) IN my opinion the husband should be given an apportunity to contest the case of the wife on merit.