SULOCHANA SAHU Vs. BAMAN CH SAHU

JUDGEMENT

(1.) THIS criminal revision is directed against an order passed by the learned Subdivisional judicial Magistrate, Cuttack, setting aside an ex parts order allowing maintenance to the petitioner.

(2.) THE facts, in brief, may be narrated. The petitioner made an application on 29 -5 1982 under Section 125 of the Code of Criminal Procedure ('Code' for short) claiming maintenance from the opposite party as his legally married wife, the marriage having taken place according to Hindu rites on 16 -1 -1974. She averred that she was driven out from her matrimonial home on 18 -1 -1932. The opposite party denied marriage as well as his liability to pay maintenance to her. Despite sufficient service of notice the opposite party did not appear and by order dated 18 -2 -1982, he was set ex parte. On 10 -11 -1982, an ex parte order of maintenance at the rate of Rs. 150/ -per month was passed. Later, the opposite party made an application under Section 126(2) of the Code which was allowed and the ex parte order of maintenance was set aside. In due course, the case was posted for hearing to 20 -12 -1984. It is necessary to quote the order passed on the aforesaid date.

(3.) THE provision to Section 126(2) which is relevant is quoted for easy reference :