SHIV DAYAL SONI Vs. PRABHA DONI

JUDGEMENT

(1.) This criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred being aggrieved by the judgment dated 10-8-2007 passed by the First Additional Principal Judge, Family Court, Jabalpur in MJC No. 18/2007, whereby the application filed by applicant under Section 126 (2) of Cr.PC has been rejected.

(2.) The brief facts of the case that the respondents filed an application under Section 125 of Cr.PC, whereby MJC No. 467/01 was registered in the Court of JMFC, Jabalpur for awarding the maintenance. Notice was issued against the applicant but he did not appear in the Court hence proceeded ex parte. The statement of Smt. Prabha Soni (A.W. 1) was recorded. The application was decided on 25-1-2001, whereby the application was allowed and the applicant was directed to pay the maintenance allowance at the rate of Rs. 2,000/- per month to respondent No. 1, Smt. Prabha Soni and Rs. 1,000/- each per month to the respondent Nos. 2 and 3. The applicant filed an application under Section 126 (2) of Cr.PC for setting aside the ex parte proceedings. MJC No. 18/07 was registered. The notice was issued to the respondents. They entered their appearance and filed the reply denying the averments made by the applicant. But subsequently she remained absent and proceeded ex parte. Applicant Shiv Dayal Soni examined himself. After hearing the arguments, First Additional Sessions Judge, Family Court, Jabalpur passed order on 10-8-2007 and rejected the application under Section 126 (2) of Cr.PC filed by the applicant. Being aggrieved by that order the instant revision has been preferred.

(3.) Shri A.K. Soni, learned Counsel for the applicant mainly submitted that the notice was not sent at the correct address. The applicant never refused to take the notice, therefore, proceeding ex parte is illegal, which deserves to be set aside. The Court below has committed an illegality in rejecting the application under Section 126 (2) of Cr.PC.