RAMESH LAXMAN CONTRACTOR Vs. JAYSHREEBEN RAMESH CONTRACTOR

JUDGEMENT

(1.) An order of maintenance passed by the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay, on 12th of May, 1981 is challenged in this petition under Article 227 of the Constitution of India. The petitioner was the opponent in the application which was tried as Case No. 135/N of 1980 filed by the respondent for maintenance under section 125 of the Code of Criminal Procedure, 1973.

(2.) There were several dates on which the case had been adjourned from time to time. On 6th of May, 1981 the respondent filed an affidavit in which she putforth her case including the purported ill-treatment given to her by the petitioner and the estimated income of the petitioner. She prayed in the said affidavit that the petitioner be ordered to pay Rs. 500 per month, which is the maximum payable under section 125 of the Code of Criminal Procedure. Relying upon this affidavit the learned Magistrate passed the order referred to above by which he directed the petitioner to pay Rs. 500 per month from the date of the application to the respondent. An order was also made for the payment of Rs. 200 towards the cost of the proceedings. The afforesaid order is now challenged in this petition.

(3.) Mr. Zaverf, the learned Advocate appearing in support of the petition, has invited my attention to the averments in the petition wherein it has been mentioned that the Advocate who had been entrusted with this case was not diligent enough to keep the petitioner informed of the various dates. No particularly fixed date had been given for recording of the evidence, and therefore, the petitioner remained absent on the date on which the affidavit was taken on record and on the date on which the order was passed. It is the case of the petitioner that he came to know about the order passed only after distress warrant was issued against him. If this were the only ground on which the petitioner had raised his grievance against the order of the learned Magistrate, I would have been loathe to interfere with the same.