MOHD MUSTAKIM ALIAS BHOLA Vs. BIBI ANUJA KHATOON

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) This criminal writ application has been filed by the petitioner for quashing the order dated 21-7-95 passed in Criminal Revision No. 430/94 by 2nd " Additional Sessions Judge, Purnea, (copy at Annexure 1) alleging that the opposite party is legally married wife of the present petitioner. It was alleged that the petitioner began to treat the respondent with cruelty on her inability to bring a buffalo from her father's house and ultimately in November, 1991 after brutally assaulting her the opposite party (in this application) was driven out of his home and since then she has been leaving with her parents along with her minor daughter. The respondent claimed maintenance for her and also for her minor daughter.

(3.) It appears that the summon in respect of said application were sent to the petitioner by registered post but it was not served and thereafter summon was again sent by registered post on 8-9- 94 but the registered envelop was not received back even after expiry of 30 days. Hence the learned magistrate held that the summons were deemed to be served and accordingly proceeded ex- pane. After taking evidence he passed an order on 25-8-94 awarding maintenance at the rate of Rs. 300/- per month to the respondent and Rs. 100/- per month to the child.