ASHOK KUMAR TIWARI Vs. MALTIBAI

JUDGEMENT

(1.) THIS is a revision by husband against ex parte award of maintenance to the non-applicants wife and minor child.

(2.) ON 28-12-1985, the non-applicants filed an application claiming Rs. 500/- p. m. to her and Rs. 300/- p. m. to the child as maintenance on the allegations that they were married about 5 years ago but their marital life was disrupted by dowry demands and finally the applicant turned her out of the house with four months' pregnancy. The non-applicants served a notice dated 25-10-1985 demanding maintenance but of no avail. The N. As. submitted that the applicant has substantial income from Press, house-rents, sale of milk and agriculture.

(3.) ON 4-3-1986, the applicant's counsel appeared and took time to file written statement on 2-4-1986. Since no reply was filed, the applicant was allowed further time subject to payment of costs Rs. 25/ -. On 1-5-1986 his counsel filed the written statement without paying the costs. The learned trial Court therefore passed an order that the written statement, though kept on record, will not be treated as filed. The case was then fixed for evidence on 5-5-1986. The applicant, through his counsel, filed an application for condoning his absence on that date on the ground of illness and another application for adjournment on the ground of counsel's personal difficulties. The learned trial Court allowed the applications on conditions of paying Rs. 140/- towards the costs of the non-applicants' witnesses, and he shall be ready to participate in the proceedings on the next date i. e. 7-6-1986. On this date the non-applicants appeared with their witnesses. Their statements were recorded. The applicant again, as usual, did not appear. Even his counsel did not appear. The case was adjourned to 17-6-1986 for arguments. On this date also the non-applicant alone appeared but the applicant remained absent. The learned trial Court heard arguments and passed the impugned order granting maintenance @ Rs. 400/- p. m. to the wife and @ Rs. 100/p. m. to the child, payable with effect from December, 1985.