CHENARAM Vs. SAVITA

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. is directed against the order dated 13.11.2006 passed by Chief Judicial Magistrate, Sirohi (for short 'the trial Court' hereinafter) whereby the trial Court allowed the application filed by the non-petitioners No. 1 and 2 under Section 125 Cr.P.C. and granted monthly allowance of maintenance in favour of the non-petitioners at the rate of Rs. 1500/-.

(2.) I have heard learned counsel for the petitioner.

(3.) It is submitted by learned counsel for the petitioner that there had been a petition under Section 13 of the Hindu Marriage Act and in which the parties have compromised the matter and therefore, the petitioner was under the impression that the matter has been finally settled. and failed to appear on the notice of the application under Section 125 Cr.P.C. though the notice was personally served on the petitioner and in these circumstances, the trial Court proceeded ex-parte against the petitioner and allowed the maintenance as noticed above.