PARAMJIT SINGH Vs. AMARJIT KAUR MINHAS

JUDGEMENT

(1.) VIDE order dated 19-1-1985, passed by the Judicial Magistrate I Class, Jullundur, maintenance at the rate of Rs. 500/- p. m. under Section 125, Cr. PC was allowed to the respondent-wife, Smt. Amarjit Kaur. In those proceedings, an application was moved by the husband, revision-petitioner through his attorney, Sh. Har Parkash Singh for setting aside the ex parte order. Vide the impugned order dated 15-5-1985, the said application was dismissed by the Magistrate on the sole ground that the husband could not file an application for setting aside the ex-parte order through his attorney. That order is under challenge in this revision.

(2.) PROCEEDINGS under Section 125, Cr. PC are quasi civil proceedings. Since the husband-petitioner was himself staying in Canada, he could not personally appear and prosecute the maintenance proceedings. There was no legal bar to his right for applying through his attorney to set aside the ex parte order of the Magistrate. I am of the view that the learned Magistrate had fallen in a legal error in dismissing the application for setting aside the exparte order on this sole ground.