GURNAM SINGH Vs. DATTO

JUDGEMENT

(1.) Shrimati Datto applied Under Section 4S8, Criminal P.C. claiming maintenance from her husband Gurnam Singh on the ground that having sufficient meana he had neglected and refused to maintain her and her children from him. The trial Court has allowed Rs. 40 pecmenbgku to Mt. Datto and RSection 12 and Rs. 8 per mensam to the children on account of maintenance.

(2.) It appears that the petition was put in by Mt. Daito on 23rd December 1347. Notice was ordered to be issued to the reapondent Gurnam Singh for 14th January 1948, both in the ordinary way and by registered post. The said notices were not received after service. Fresh notices were then ordered to be issued for the service of Gurnam Singh respondent for 30th January 1948. Again the notices were not received after service. Notices were again ordered to be issued for 9th February 1918. This time the registered envelope was received book with the endorsement "Refused", The case was then proceeded ex parte against the respondent within the meaning of the proviso to Sub-section (6) of Section 488, Criminal P.C. and the case was adjourned to 2O:h February 1918. .Evidence was, however, recorded on 2nd March 1948. Thereafter there were three adjournments so 8th March 1948, 22nd March 1918 and Slat March 1948 foe arguments and orders. On 3lst March 1948 Gurnatn Singh respondent appeared in the trial Court and applied for the setting aside of the ex parte proceedings taken against him on the ground that he had not been duly served with notice of the proceedings. The case was adjourn, so to 6th April 1948 when Me. N. B. Kalia by his order of that date held that the respondent was duly served and had wilfully absented him-self and he allowed the petition for the award of maintenance to the extent stated above,

(3.) Against the order of the Magistrate Gurnam Singh respondent went up on revision to the Additional Sessions Judge, Amritsar. The Additional Sessions Judge has found that there was no sufficient ground for action Under Section 439, Criminal P.C. The learned Additional Seasions Judge has held that Gurnain Singh had full knowledge of the application and that "he wilfully absented himself with the object of pro-longiag the case unnecessarily and thus to harass Mfc. Datto," Gurnam Singh has come up to this Court in revision.