ANIL RANJAN SEN Vs. SMT. ANUPRAMA SEN

JUDGEMENT

(1.) THIS reference has been made by the learned Sessions Judge and arises out of a proceeding under Section 488, Cr. P. Code, in which the learned Magistrate directed the husband (present petitioner) to pay a monthly allowance of Rs. 30/ - to his wife (present opposite party).

(2.) IT appears that the husband was not present on most of the hearings, in which evidence was recorded and was represented by his counsel, but there was no application made for dispensation of his personal attendance, nor is there anything else to snow "that such dispensation was in contemplation and was allowed by the first Court.

(3.) AS already stated no application for exemption from personal appearance was ever filed and no such order granting exemption was ever passed, and it appears that no attention was paid to mis subject, most probably because all concerned proceeded under the impression that it was permissible for a party in such proceedings to appear by pleader.