MANVENDRA YADAV Vs. SURVESH AND ORS.

JUDGEMENT

(1.) HEARD . This petition under section 482 of the Code of Criminal Procedure has been preferred invoking inherent powers of this Court for the following relief:

(2.) IN nutshell, facts of the case are that one application under section 125 of the Code of Criminal Procedure was preferred by the respondent -wife against the petitioner -husband for the relief of maintenance. Same was decided by the Judicial Magistrate First Class, Datia, in MJC No. 27/12 vide order dated 7.3.2013. The order was passed ex parte against the petitioner and the petitioner was directed to pay an amount of Rs. 1,500/ - per month to respondent No. 1 wife and an amount of Rs. 800/ - per month to minor daughter. That order was challenged by way of filing criminal revision which was registered as Criminal Revision No. 39/14. But the same was also dismissed vide order dated 23.7.2014. Being aggrieved by the order passed by the revisional Court, this petition under section 482 of Code of Criminal Procedure has been preferred.

(3.) IT is submitted by learned counsel appearing on behalf of the petitioner that revisional Court in its order dated 23.7.2014, in para 10, has observed that no notice was served upon the petitioner. Registered notice sent to the address of the petitioner returned unserved with the endorsement that petitioner was not found present at the house. On these premises, trial Court passed the ex parte order and proceeded accordingly. It was also observed that no application under section 126(2) of CrPC was preferred to set aside the ex parte order before the trial Court. Therefore, this point cannot be considered in revision petition and accordingly revision petition was dismissed.