JAGANNATH YESHWANT ACHAREKAR Vs. JYOTI J. ACHAREKAR

JUDGEMENT

(1.) In pursuance of the summons dated 23rd Aug. 1990 issued by the Registrar, Family Court, Bandra, Bombay, calling upon the appellant Jagannath Acharekar, the original respondent, to show cause as to why the distress warrant should not be issued against him, he appeared before the Court on the due date. On that very date, the Family Court recorded statement of the appellant as well as the respondent-original applicant Jyoti Acharekar and directed payment of maintenance at the rate of Rs. 250 per month under Sec. 125 of the Code of Criminal Procedure.

(2.) Aggrieved thereby, the present appeal has been filed.

(3.) With the assistance of learned counsel, we have gone through the record. It is plain that even the copy of the application under Sec. 125 of the Code of Criminal Procedure was not despatched to the appellant along with the show cause notice. The summons also was in the misleading form. There was no question of issuance of a distress warrant at that stage. No legal aid was available to either of the parties. There was no cross-examination.