BIJAY @ VIJAY SHANKAR SINGHDEO Vs. SMT. POURNAMASI JEMA

JUDGEMENT

(1.) In this application the petitioner assails the order dated 04.05.2018 passed by the learned Judge, Family Court, Bhubaneswar in C.M.C. No. 1 of 2016 rejecting an application filed by the present petitioner under section 126 (2) of the Code of Criminal Procedure, 1973 with a prayer to set-aside the exparte order of maintenance passed against him in Criminal Proceeding No. 150 of 2013.

(2.) The Proceeding under Sec. 125, Crimial P.C. 1973 vide Crimial P.C. No. 125 of 2013 was filed by the present opposite party with the averments that she married the present petitioner on 11.05.2012 but since there was some dispute between the couple, she was forced to leave her matrimonial house shortly after the marriage and stayed in a rented house with her parents. She further claimed that the petitioner is a practising advocate and has also other sources of income but intentionally neglected to maintain her. The present petitioner as opposite party entering appearance denied the claims of the petitioner-wife as regards negligence as well as his status of income. He also pleaded that the petitioner-wife was working in the State Bank of India earning Rs. 40,000.00 per month.

(3.) in course of hearing, the present petitioner defaulted in attending the court for which, the exparte order of maintenance was passed on 22.01.2016 by the learned trial court directing the present petitioner to pay a monthly maintenance of Rs. 12,000.00 to the opposite party. Thereafter, the petitioner filed the application to set-aside the exparte order with the plea that during the relevant period, he was suffering from malaria and typhoid for which, he could not attend the court and the exparte order was passed. In the impugned order the learned trial court has rejected the said application with the findings that the plea taken by the present petitioner-husband as regards illness, was not sufficiently established and his plea of ignorance was also not believable since he was a practising advocate in the court.