SATYA NARAIN GAUR Vs. STATE OF U P

JUDGEMENT

(1.) V. D. Chaturvedi, J. This criminal revision has been filed against the order dated 23-9-2002 (passed in Misc. Case No. 39 of 2000) whereby the learned Judge, Family Court, Gorakhpur rejected the revisionist's application to set aside the ex parte judgment (dated 12-10-2001) passed in Case No. 146 of 1999, Smt. Anita v. Satya Narain Gaur.

(2.) THE relevant facts are briefly that respondent No. 2 Smt. Anita filed a petition under Section 125 Cr. P. C. for maintenance allowance against her husband Satya Narain Gaur (revisionist ). THE notices in these proceedings were sent to the revisionist which came back with the endorsement that he had gone in his relationship. THE registered notices were sent again but those were never received back. Hence an order dated 20-4-2001, to proceed ex parte, was passed and the case proceeded ex parte. After the arguments were over, the revisionist appeared and moved an application to set aside the order dated 20-4-2001 which was allowed on costs. THE revisionist thereafter did not appear in Court hence the ex parte judgment was passed on 12-10-2001 awarding the maintenance allowance at the rate of Rs. 500/- per month in favour of Smt. Anita Devi and the maintenance allowance at the rate of Rs. 150/- per month to each of her two children. Thus the total amount awarded was Rs. 800/- per month.

(3.) I have heard Sri K. K. Mani, for the revisionist and Sri R. K. Chaubey and the learned A. G. A. for the respondents and have also gone through the record of the case.