RAMESH CH PAHADI S/O LOBURAM PAHADI Vs. BHARATI PAYENG PAHADI W/O RAMEN CH PAHADI
LAWS(GAU)-2018-2-34
HIGH COURT OF GAUHATI
Decided on February 20,2018

Ramesh Ch Pahadi S/O Loburam Pahadi Appellant
VERSUS
Bharati Payeng Pahadi W/O Ramen Ch Pahadi Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) The present revision petition is directed against the exparte order passed by the learned SDJM, Majuli in Misc. Case No. 5 of 2007 whereby the exparte order of maintenance of Rs.1800/- per month has been granted to the respondent and her child vide order dated 16.3.2007.
(2.) The petitioner had lover affair with the respondent and they conhabited together as a result of which she was pregnant. After she became pregnant, the petitioner married on 25.2.2006 as per marriage rituals and thereafter started living together as husband and wife. But the family members of the petitioner allegedly kept hide the petitioner somewhere else and drove out the respondent from the matrimonial house as on 8.11.2006 by assaulting her. In the meantime on 3.1.2007 she gave birth to a male child since then she is residing in her parental house. As she has no source of income to maintain herself she preferred a petition for maintainance before the Court of learned SDJM, Majuli.
(3.) The notice was issued to the respondent whereby a petition was filed on his behalf . But rejecting the same, Court decided the matter exparte by its order dated 16.3.2007 in the said Misc. Case No. 5 of 2007. According to the petitioner, no notice was served upon him and he came to know abut the matter when the notice for payment of arrear was served upon him. Accoridngly, he made a prayer before Court to vacate the exparte order as no notice was served upon him. But the Court did not respond to his petition. Hence, the present petition has been preferred for setting aside the exparte order on the ground of no service of notice upon the petitioner.;


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