AVINASH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents/State.

(2.) This revision petition has been preferred by the petitioner/husband being aggrieved with the judgment dtd. 6/7/2023 passed by the Principal Judge, Family Court, Begusarai in Maintenance Case No. 145 of 2022, whereby and whereunder the learned Family Court allowed the application filed under Sec. 125 Cr. P.C. by opposite party/wife and passed the ex parte order against the petitioner and directed him to pay a monthly maintenance amount of Rs.10,000.00 to the Opposite Party/wife.

(3.) It is submitted by learned counsel for the petitioner that since the peremptory order has been passed by the Family Court against the petitioner and no date of hearing has been provided by the Family Court to the petitioner, therefore on this ground only, the impugned order is liable to be set aside. Further he submits that though the order-sheet dtd. 24/4/2023, it has been mentioned that petitioner has full knowledge of filing of the maintenance case, in spite of that, he has not appeared but according to the learned counsel, the Family Court has not made any observation in the said ordersheet that the petitioner is wilfully neglected to attend the Court. Therefore, the impugned ex parte order is liable to be set aside.