RANJIT SINGH, ADVOCATE Vs. AMARJIT KAUR

JUDGEMENT

(1.) THE impugned ex -parte order dated April 8, 1982 of the Judicial Magistrate I Class, Ajnala, granting maintenance to the respondent Amarjit Kaur against her husband Ranjit 'Singh petitioner is questioned in this criminal revision by the latter.

(2.) AMARJIT Kaur filed an application under section 125 of the Code of Criminal Procedure claiming maintenance from her husband Ranjit Singh. Notice or the application was served upon Ranjit Singh by registered post and by publication in newspaper. As he failed to appear before the Court on the date fixed ex -parte proceeding were taken against him and eventually the impugned ex -parte order was passed by the trial Court directing him to pay maintenance to Amarjit Kaur. This exparte order has been challenged by Ranjit Singh on the ground that he was not properly served in accordance with law and he has consequently prayed that the impugned ex -parte order being bad in law should be quashed.

(3.) IT is manifest that the notice of the application filed by Amarjit Kaur had to be served upon Ranjit Singh in accordance with the procedure prescribed under Sections 67 and 68 of the Code of Criminal Procedure because the present petitioner was residing outside the local limits of the trial Court. Sections 67 and 68 are in the following terms: