ASHISH KUMAR BAHAD Vs. AKSHTA (MINOR DAUGHTER OF ASHISH KUMAR BAHAD)
LAWS(P&H)-2012-9-198
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 17,2012

Ashish Kumar Bahad Appellant
VERSUS
Akshta (Minor Daughter Of Ashish Kumar Bahad) Respondents

JUDGEMENT

Rameshwar Singh Malik, J. - (1.) The instant petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.), has been filed by the petitioner for quashing of order dated 07.03.2009, passed by learned Sub-Divisional Judicial Magistrate, Hansi awarding maintenance in favour of the respondent-minor daughter of the petitioner, order dated 17.07.2012 dismissing the application of the petitioner seeking for setting aside ex parte proceedings and also the order dated 21.08.2012, passed by learned District Judge, Family Court, Hisar.
(2.) Facts first. Shorn of detailed factual background of the matter, it would suffice to refer to the basic and relevant facts necessary for the disposal of the instant petition. A petition under Section 125 Cr.P.C., came to be filed by the respondent-minor daughter of the petitioner, for maintenance vide Annexure P-3. Having been duly served, the petitioner appeared and filed his written statement vide Annexure P-4. After hearing the parties, the learned Sub-Divisional Judicial Magistrate, Hansi, vide his order dated 07.06.2008 (Annexure P-5), granted an interim maintenance to the respondent-minor daughter of the petitioner.
(3.) However, it seems from the record that thereafter the petitioner, for the reasons best known to him, chose not to appear and contest the above said petition under Section 125 Cr.P.C., filed by his daughter-respondent herein. Consequently, he was proceeded ex parte, vide order dated 28.07.2008. The petition under Section 125 Cr.P.C came to be allowed by the learned Sub-Divisional Judicial Magistrate, Hansi vide his self-contained and well reasoned order dated 07.03.2009 (Annexure P-6). The petitioner filed his application vide Anneuxre P-7 (Colly), for setting aside order dated 28.07.2008, vide which the petitioner was proceeded ex parte and also the ex parte order dated 07.03.2009. Reply to this application was filed by the respondent vide Annexure P-8 (colly) on 19.11.2009.;


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