MOHAMMAD RAFI KHAN @ AJMERI Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Mohammad Rafi Khan @ Ajmeri
State of Uttarakhand and others
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(1.) Smt. Alima Khatoon moved an application before the learned Judge, Family Court, Nainital, for grant of maintenance under Section 125 Cr.P.C. Her husband Mohammad Rafi Khan did not appear despite service of notice. The application was decided ex-parte. Mohammad Rafi Khan was directed to grant maintenance allowance to his wife and dependent children, vide judgment and order dated 16-11-2007.
(2.) Aggrieved against the said judgment and order, Mohammad Rafi Khan moved an application under Section 126(2) of Cr.P.C. for setting aside the order dated 16-11-2007. The said application under Section 126(2) Cr.P.C. was dismissed by learned Judge, Family Court, Nainital on 20-08- 2008. Aggrieved against impugned judgment and order dated 20-08-2008, present criminal revision was preferred by O.P/ revisionist (husband).
(3.) This fact is under no dispute that the application for setting aside the ex-parte order was moved after the prescribed period. This fact is also not under dispute that the notice was sent to him and was served upon him. The ex-parte order was passed on 16-11-2007 in his absence. He attributed the cause of his absence to jaundice, saying that he was suffering from the same and was under the treatment of a medical officer, who advised him complete rest.;
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