Criminal Procedure Code, 1973
Sections 125 & 126(2)—Ex parte order of maintenance—Revision—Proviso to Clause (2) of Section 126 of CrPC clearly shows that before proceeding ex parte, the Magistrate is required to satisfy that the person against whom an order of payment of maintenance is proposed to be made is willfully avoiding service and wilfully neglecting to attend the court—Mere knowledge of submission of maintenance case is not sufficient, but information about the date fixed by the trial court to the petitioner is also required—No material on record which shows that petitioner has any knowledge of fixing of maintenance on the date on which an ex parte proceeding drawn against him and further, there is also no material available on record which shows that on the date the petitioner wilfully neglected to attend the court—On this ground only the impugned ex parte order passed by the Family Court is liable to be set aside—Petition allowed.
[Paras 11 to 13]
Decision : Petition allowed