BISWANATH KABI Vs. SUSAMA DEI

JUDGEMENT

(1.) THE criminal revision is directed against the ex Parte order passed by the learned Judicial Magistrate, First Class, Banpur allowing maintenance at the rate of Rs. 150/ - per month in favour of the opposite party.

(2.) THE facts of the case are stated in brief. The opposite party files a petition before the learned Judicial Magistrate under Section 125 of the Code of Criminal Procedure ('Code' for short) stating therein that she was married to the Petitioner according to the caste custom in the month of Baisakh, 1981. After the marriage was solemnised, both of them lived together for a few months. Thereafter, she was ill -treated and was ultimately driven out from the matrimonial home. Ever since, the Petitioner has neglected and refused to maintain her although he has sufficient means to do so. Therefore, she claimed maintenance at the rate of Rs. 150/ - per month.

(3.) THE case was taken up for hearing for the first time on 11.11.1982 on which date the opposite party applied for adjournment, but the Petitioner was present in Court. Adjournment was allowed and the case was posted to 4.12.1982 for hearing. On 4.12.1982 the opposite party was present with witnesses, but the advocate for the Petitioner applied for adjournment on the ground of the Petitioner 's illness in support of which he also produced a telegram in the Court. The learned Judicial Magistrate refused adjournment and passed the following order: