KASINATH MOHAPATRA Vs. ANNAPURNA PANDA ALIAS MOHAPATRA

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Sub -Divisional Judicial Magistrate, Bhadrak, refusing to set aside the ex parte order of maintenance passed against the petitioner and in favour of the opposite party.

(2.) A few fact may be stated. The opposite party filed a petition under Section 125 of the Code of Criminal Procedure ('Code' for short) against the petitioner on 6 -1 -1983 in the court of the learned Sub -Divisional Judicial Magistrate, Bhadrak, alleging that while the latter was serving as Sub -Inspector of Police at Banta Police Station of Balasore district he married her in the month of Baishakh, 1970 according to the religious customs and thereafter they lived together and consummated the marriage. A daughter was also born of the wedlock on 15 -6 -1973. Some time later she came to her parent's house on a visit and as she could not return in time, the petitioner drove her out of the house. Since then she is living in her parent's house along with her daughter. She claimed maintenance of Rs. 300/ - per month for herself, as well as for her daughter.

(3.) ON 11 -1 -1988 and 12 -2 -1988 the petitioner filed two petitions under Section 126(2), proviso of the Code for setting aside the ex parte order of maintenance. The earlier petition was dismissed as not pressed on 2 -2 -1988 because the petitioner had not taken any steps. In the second petition it was stated that although he was serving under the police department, notice according to Section 66 of the Code was not served on him. He did not also refuse to accept the notice sent by the court directly. He did not many the opposite party at all. For the first time he came to know of the impugned order on 2 -1 -1988 when his salary was attached. In support of the averments he filed an affidavit on 1 -3 -1988. No objection was filed by the opposite party.