RAM PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS interlocutory application has been filed for condonation of delay of 401 days in filing the revision application which has been filed against the ex-parte order of maintenance passed by the Principle Judge, Family Court, Ranchi Heard learned counsel for the petitioner and learned counsel for the opposite party No. 2 to 4, who were noticed in the limitation matter. In the facts stated in the interlocutory application, as also in view of the fact that ex-parte order was passed without proper notice to the petitioner, the delay in filing the revision application is hereby condoned. Accordingly, the I.A. No.2723 of 2009 is allowed. Heard learned counsel for the petitioner and learned counsel for the opposite parties.

(2.) THIS application is directed against the Judgment dated 6th August, 2008 passed by learned Principal Judge, Family Court, Ranchi, in Maintenance Case No. 7 of 2008, whereby in an ex-parte proceeding, the petitioner was directed to make the payment of maintenance to the opposite parties to the tune of Rs.1500/- to his deserted wife and Rs.1,000/- each to his two children, in total Rs.3,500/- per month from the date of passing of the order.

(3.) LEARNED counsel for the private opposite parties has submitted that there is no illegality in the impugned order, in as much as, the impugned Judgment would show that after the issuance of summon and registered notice, the case was fixed for ex-parte proceeding.