C LALPIANMAWIA Vs. REMSANGPUII

JUDGEMENT

(1.) Heard Mr. Victor L.Ralte, learned counsel appearing for the petitioner. None appears for the sole respondent.

(2.) Office note dated 07.10.2014 indicates that A/D card send to the sole respondent has returned. On 11.02.2015, the petitioner was again directed to take fresh steps for service of notice on the sole respondent by registered post A/D. Further, office note dated 05.05.2015 indicates that the A/D card has been returned back after duly served upon the sole respondent. However, the sole respondent did not appear despite service of notice and therefore, on 06.08.2015 this Court has directed that if the sole respondent is not representing on the next date fixed, the case shall proceed Ex-Parte. Today, when the matter is called upon, none appears for the sole respondent. Accordingly, this case is taken up for final disposal.

(3.) It is the case of the petitioner that after the marriage of the petitioner to the respondent, some differences arose and thereafter, the respondent had left the house of the petitioner on her own free will alongwith their only minor son. Thereafter, the respondent has been staying with her parents. The respondent has filed an application for maintenance allowance for herself and their minor son under Section 125 Code of Criminal Procedure before the Court of Chief Judicial Magistrate, Lunglei District which was registered as Criminal Complaint (MA) No. 27/2013. Thereafter, on 29.07.2013, the learned Court of the Chief Judicial Magistrate had disposed of the said Complaint, directing that the petitioner shall maintain his divorced wife i.e. the sole respondent and his minor son @ Rs. 5000/- each, totalling to Rs. 10,000/- every month with effect from September, 2013 until further order.