BRIJ MOHAN KHURANA Vs. RAJ RANI

JUDGEMENT

(1.) THE present revision under sections 397/401 of the Code of Criminal Procedure, 1973, (for short the Code), has been filed by the applicant, the husband, against the opposite party No. 1, against the order dated 22 -1 -86 passed by the Xth Additional Monsie Magistrate, Moradabad, allowing the application of the opposite party, the wife under section 125 of the Code and directing the applicant, the husband, to pay a sum of Rs. 500/ - per month as maintenance to her on tenth of every month.

(2.) The facts of the case lie in a very narrow compass and they are these. The opposite party filed an application for maintenance under section 125 of the Code alleging that she has been deserted by her husband, the present applicant as her father failed to pay sufficient dowry demanded by the present applicant and his family members, the applicant was earning about Rs. 12001 - per month and he has refused to maintain her. Earlier there was suit in this connection in the Court of Munsif Magistrate VIII and there was a compromise and she went to the house of her husband after the compromise, but she was again beaten by him and has been turned out. Hence again the application for maintenance has been filed.

(3.) Service was effected on the opposite party No.1, but he did not appear nor he filed any written statement, hence the proceedings were decided ex -parte against him and the impugned order has been passed. Learned counsel for the applicant urged that the proceedings were ex parte and there was nothing to indicate that he was served or he wilfully neglected to attend the Court as provided in the proviso to section 126 of the Code, consequently, the ex parte order directing the applicant to pay maintenance was illegal. It was further urged that a sum of Rs. 500/ - per month was excessive amount and the applicant is not in a capacity to pay the said amount. It was accordingly urged that the impugned order may be set aside.