MD.QASIM ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner suffered an ex parte order at the hands of the Family Court. He was directed to pay, by an order dated 31.1.2005, a sum of Rs. 3,000 as maintenance to his wife, opposite party No. 2 in this revision.

(2.) WHEN the petition was filed under Sec.125 of the Code of Criminal Procedure seeking maintenance, several notices were sent through Courier and also through post with acknowledgement due. Though, they were received, the petitioner did not appear. Hence, notice was issued by publication in the daily local newspapers of Bangla as well as in vernacular newspapers. The petitioner did not appear even thereafter. The opposite party No. 2 finally filed an affidavit dated 28.6.2004 swearing to the fact that the petitioner in this revision is aware of the proceedings and that he had been seen on a numerous occasions in the Civil Court premises on the dates of proceeding but had deliberately been avoiding to appear before the Family Court. The Family Court, taking into consideration the conduct of the petitioner in this revision, in not appearing before the Court inspite of the publication in newspapers and also acting on the basis of the averments made in the affidavit, passed ex parte order, as stated above, on 31.1.2005. Hence, the revision.

(3.) THE said contention of the petitioner, as stated, deserves to be rejected. The very admission of the petitioner that he has appeared only on 2.4.2005 shows that he did not appear till that date, inspite of the fact that order was passed as early as on 31.1.2005. It could further be seen from the order of the Family Court that petition dated 2.4.2005 was filed only with a prayer, seeking an adjournment and not to set aside the ex parte order dated 31.1.2005. The Family Court, therefore, felt that the conduct of the petitioner in this revision is highly improper, objectionable and has aggravated the plight of his wife, the opposite party No. 2 in this revision. On going through the order, I am of the view that this revision deserves to be dismissed and accordingly it is dismissed.