SOBAT ALI Vs. STATE OF RAJASTHAN AND ANR.
LAWS(RAJ)-2011-4-94
HIGH COURT OF RAJASTHAN
Decided on April 27,2011

Sobat Ali Appellant
VERSUS
State Of Rajasthan And Anr. Respondents

JUDGEMENT

R.S. Chauhan, J. - (1.) THE Petitioner is aggrieved by the order dated 19.06.2010, passed by the learned Additional District and Sessions Judge (Fast Track), Sawai Madhopur, whereby the learned Judge has enhanced the maintenance from Rs. 1,200/ - per month to Rs. 2,000/ - per month in favour of the Respondent -wife, Smt. Kajodi.
(2.) MR . Mukesh Pal Jadoun, the learned Counsel for the Petitioner, has vehemently contended that the impugned order has been passed behind the back of the Petitioner as neither the Petitioner, nor his counsel was present when the impugned order was passed. Therefore, an opportunity of hearing should be given to him. Secondly, no cogent reason has been assigned by the learned Judge for enhancing the maintenance amount from Rs. 1,200/ - per month to Rs. 2,000/ - per month. Heard the learned Counsel and perused the impugned order.
(3.) THE learned Counsel for the Petitioner is not justified in claiming that no opportunity of hearing was granted to the Petitioner. After all, the notices were issued to him. However, he chose not to appear before the Court either through a pleader, or himself. Therefore, the learned Judge cannot be faulted for proceeding ex -parte against him.;


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