BHURSINGH Vs. GURDEV KAUR

JUDGEMENT

(1.) BY his order dated 6-1-1970 the learned Additional Sessions Judge, Ganganagar, recommends that the order of the Sub-Divisional Magistrate, Hanu-mangarh dated 26-2 1969 rejecting the husband's application for setting aside an ex parte order of maintenance passed against him on 4-7-1966 be set aside and the learned Magistrate be directed to dispose of the application afresh according to law.

(2.) FACTS, which it is necessary to notice for the disposal of this reference, briefly stated are these. Smt Gurdev Kaur made an application for maintenance under sec. 488 of the Code of Criminal Procedure against her husband Bhur Singh. A notice was issued for the husband to appear and answer the application on 8-10-65. He was absent on that day and the case was adjourned to 26-10-1965 and the husband did not appear. There were subsequent dates of hearing and the husband did not appear. On 25-11-1965 the learned Sub-Divisional Magistrate Hanuman-garh decided to proceed ex-parte against the husband and eventually on 4-7-1966 he passed an ex parte order of maintenance fixing the maintenance allowance at Rs. 50 per month. The husband made an application on 8 8-1966 for setting aside the ex parte order. The learned Magistrate dismissed the application on 26-2-1969 on the ground that the' application was barred by time in view of the provisions of sec. 488 sub-sec. (6) and proviso there to The husband preferred an application by way of revision before the learned Additional Sessions Judge, Ganganagar, who has expressed the opinion that the period of limitation is to be counted from the date on which the husband learnt about it, and he has made a recommendation as indicated earlier.