Sandeep Mehta, J. - (1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 15.11.2008 passed by the learned Additional Chief Judicial Magistrate No. 2, Jodhpur in Criminal Case No. 20/2007, whereby the learned Additional Chief Judicial Magistrate, in the proceeding initiated by the respondent No. 1 (wife) under the provisions of Domestic Violence Act, has directed the petitioner to make payment of Rs.5,000/- per month to the respondent from the date of filing of the application, as well as payment of compensation of Rs.25,000/- to the respondent-wife.
(2.) Assailing the said order, learned counsel for the petitioner submits that the application filed by the respondent was rejected in default on 5.3.2008 and thereafter she filed an application for restoration of the application, which was restored vide order dated 20.6.2008 but the notices prior to restoration were not served upon the petitioner and, thus, the impugned order, is absolutely illegal.
(3.) Per contra, Mr. Sheetal Kumbhat, learned counsel for the respondents submits that the notices of restoration of the application were, in fact served upon the petitioner and the petitioner avoided to appear despite service of notices, thus the ex parte proceedings were rightly taken against the petitioner. He further submits that if the petitioner makes payment of the arrears of maintenance till date then he does not object to the proceedings being reopened.;