BHUPENDRA PRASADYADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the order dated 8-5-2000 passed by the Sub-Divisional Judicial Magistrate, Saharsa in Misc. Case No. 87/98 (Trial No. 700 of 2000), whereby, in exercise of its power under Section 125 of the Code of Criminal Procedure, the learned Magistrate had granted maintenance at the rate of Rs. 500 per month to opposite party No. 2.

(2.) SHORN of unnecessary details, the facts given rise to the present application, are that opposite party No. 2 Renu Kumari filed an application for grant of maintenance under Section 125 of the Code of Criminal Procedure (for short 'the Code'). On 1-8-1998 show-cause notice was issued to the petitioner and in pursuance thereof, he appeared on 31 -8-1998 and prayed for time to file the show cause. Said prayer of the petitioner was accepted and case was adjourned to 23-9-1998. On 23-13-1998, petitioner did not appear and the learned Magistrate directed the case to be listed for ex parte hearing on 16-10-1998. On the said date also, petitioner did not appear and the case was adjourned to 28-11-1998. On 28-11-1998, petitioner appeared and the case was adjourned to 22-12-1998 for ex parte hearing and for evidence. That the matter was taken up on the said date, petitioner filed an application for adjournment which was granted and the case was adjourned to 13-1-1998. On the said date, petitioner filed an application for recall of the ex parte order. Ultimately, no show cause was filed and the learned Magistrate, after recording the evidence led on behalf of the opposite party No. 8, passed the impugned order.

(3.) LEARNED Counsel for the petitioner then submits that there is nothing on the record to show that opposite party No. 2 is unable to maintain herself, I am not, at all, impressed by this submission of the learned Counsel. Opposite party No. 2 is a minor and on consideration of the material placed on record, the learned Magistrate has found that she is unable to maintain herself. I do not find any error in the same.