SWARAN KUMAR Vs. PARME

JUDGEMENT

(1.) THIS is an application under Section 482 Cr. P. C., 1973 (which should have been under Section 561-A of the old Code), for quashing the orders of the Sub-Divisional Magistrate, Ghaziabad, dated 30-11-1973, 22-11-1975 and 29-1-1976.

(2.) IT appears that Smt. Parmeshwari, the opposite party, filed an application under Section 483 Cr. P. C. for grant of maintenance against the applicant, in the court of the Sub-Divisional Magistrate, Ghaziabad, on the assertion that the applicant had refused to keep and maintain her and had kept another woman with him, therefore, she was entited to get maintenance from the applicant, The notice was firstly sent through ordinary summons, but before it could be returned, the Sub-Divisional Magistrate directed it to be sent by registered post. The notice sent by registered post was returned by the postman with the endorsement that there was no such hotel at the address of which the notice was sent to the applicant. IT was, thereafter, that the opposite party filed an application for publication of the notice, which consequently was published in a local newspaper. Treating the publication of the notice in the newspaper as sufficient service on the applicant, the court proceeded to decide the case.