GURDEV SINGH Vs. PRITHPAL KOUR

JUDGEMENT

(1.) THE respondents filed a petition under section 488 Cr.P.C. against the petitioner in the court of learned Sub Judge, Jammu. The trial court issued process against the petitioner/non -applicant by adopting the mode of registered post. Registered cover which was sent alongwith AD for effecting the service upon the petitioner/non -applicant was received back with the report of his refusal to acknowledge the service. The petitioner, was therefore, set exparte and after taking the evidence of the claimants the learned trial court vide its order dated 24.7.2004 awarded the maintenance to the claimants. The petitioner/non -applicant preferred a revision against the order of the trial court before the learned Ist. Addl. Sessions Judge. The learned Ist. Additional Sessions Judge, Jammu vide his order dated 31.1.2006 has made this reference u/s 438 of Cr.P.C. with the recommendation that order dated 24.7.2004 should be set aside. The principal contention of the petitioner/non -applicant before the learned Sessions Judge was that service by post was not the permissible mode of service and therefore, by adopting that mode the trial court could not have legally passed the exparte order against the petitioner. Learned Sessions Judge by relying upon a judgment of this court reported in Abdul Latif vs. Mst. Arzam Bi ( 1987 KLJ 279) came to the view that service of the petitioner was not proper and, therefore, exparte order of granting maintenance passed by the trial court was not sustainable in law.

(2.) I have heard the learned counsel for the respondent/applicants.

(3.) LEARNED counsel for the respondents has argued that postal mode of service could be validly adopted by the trial court and, therefore, no illegality has been committed by it in placing the petitioner/non -applicant exparte and deciding the application of the respondents exparte against him. In support he has relied upon a Full Bench judgment of Kerala High Court rendered in Damodaran vs. Chellamma (II (1987)DMC 114) In the said judgment it has been held" - -