GURUBARI NAIK Vs. JYOCHHANA NAIK & ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) This is an application filed by the petitioner Gurubari Naik, who is the husband of the opposite party No. 1, Jyochhana Naik and father of opposite parties Nos. 2 and 3 challenging the order dated 24.06.2016 passed by the learned J.M.F.C., Nayagarh in C.M.C. No. 33 of 2015 in awarding maintenance in favour of the opposite parties in an application under Section 125 of Cr.P.C.

(3.) On perusal of the impugned order, it appears that as the petitioner did not appear and file his show cause, he was set ex parte vide order dated 15.10.2015. On 10.02.2016 the counsel of the petitioner filed a petition to set aside the ex parte order and accordingly, on 14.04.2016 the petitioner was allowed to contest the case subject to payment of cost of Rs. 500/- (rupees five hundred only) but as on 27.05.2016 the petitioner did not pay the cost nor appeared in the proceeding and no step was taken on his behalf, he was again set ex parte and thereafter, the impugned order was passed.