PARVESH KUMAR Vs. ASHA KUMARI AND ANR.

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Criminal Procedure Code with the following prayers:-

(2.) It is not in dispute that the learned trial Court awarded a maintenance of Rs.5, 000/- (Rupees five thousand) per month in favour of the respondent in a proceedings filed by her under Section 125 Cr.P.C. and it was only as a consequence thereof that the recovery/demand notice has been issued by the concerned Collector-cum-Tehsildar (Recovery).

(3.) It is vehemently argued by Shri Pritam Singh Chandel, Advocate, that the order passed by the learned Magistrate is absolutely illegal inasmuch as he has failed to take into consideration the fact that the petitioner was suffering from schizophrenia and was under treatment in Military Hospital w.e.f. 09.11.2013 and it was only on account thereof that he could not put in appearance before the court below and was proceeded ex parte.