M RAMAKRISHNA Vs. M SATYAMMA

JUDGEMENT

(1.) The wife of the petitioner (1st respondent) filed M.C.No.5 of 2000 seeking maintenance for herself and her minor children (respondents 2 and 3) against the petitioner herein under Section 125 Cr.P.C. Petitioner put in appearance in the said M.C. and filed his counter. Thereafter, the case underwent some adjournments and since petitioner failed to attend the Court on 25-8-2000, he was set ex parte and the Learned Magistrate, after recording the evidence on behalf of respondents, awarded maintenance of Rs.500/- per month to the 1st respondent and Rs.300/- per month to each of respondents 2 and 3 on 14-9-2000. Thereafter, petitioner filed Crl.M.P.No.357 of 2001 to set aside the order in M.C. alleging that there was a compromise between him and the 1st respondent whereat, she, after receiving the amount settled by the mediators, agreed to withdraw the M.C. filed by her and so, he, believing the representation of the 1st respondent that she would withdraw the M.C., did not attend the Court on 25-8-2000, but was surprised to receive a notice in Crl.M.P.No. 1560 of 2000, dated 2-6-2001 seeking arrears of maintenance filed by the respondents in pursuance of the ex parte order of maintenance dated 14-9-2000, and so, he went to the Court and found out, about the respondents obtaining an order of maintenance against him by playing fraud.

(2.) On behalf of the respondents, 1st respondent filed her counter affidavit inter alia contending that the petition is barred by time.

(3.) The learned Magistrate, accepting the contention that the petition filed by the petitioner, to set aside the ex parte order in M.C., is barred by time, dismissed the petition. Questioning the said order of dismissal of his petitioner filed this petition.