GUMAN MAL LODHA J. - (1.) THIS is a petition under Section 482, Code of Criminal Procedure against the order of Additional Sessions Judge No. 2, Jodhpur in criminal revision, by which the order of Munsif Judicial Magistrate, No. 2 Jodhpur in Criminal Case No. 16/77 was upheld.
(2.) JAINARAIN . the petitioner, is the husband and Mst. Patasi is wife of Jainarain.
(3.) THE claim of Patasi was that she was married to the petitioner and she was turned out from his house and she is umemployed and unable to maintain herself, therefore, she should be allowed maintenance. The petitioner denied the marriage and pleaded that the marriage was never consumated. The trial court awarded maintenance of Rs. 180/ - per month after recording evidence of Patasi and after holding that income of the husband is about 700 -800 per month. The petitioner did not lead any evidence in rebuttal of the evidence of non -petitioner, Patasi. Shri M. C. Bhoot, the learned Counsel for the petitioner, has pointed out that the order by the trial court was ex -parte and, therefore, it should have been quashed when the application was moved for the same and sufficient cause was shown. Shri Bhoot further pointed out that, the revisional court was not justified in holding that since it was considered the case on merits, no prejudice was caused to the petitioner even if the order was passed ex -parte. Shri Bhoot further submitted that on account of submission of Patasi's mother; it is well proved that Patasi has sufficient means to support herself and therefore, she was not entitled to any maintenance. Shri Sohanraj has controverted the above submission of Shri Bhoot. In support of his contention, Shri Bhoot relied upon the judgment of the Supreme Court in Shyam Sunder vs . State of Rajasthan : AIR1980SC768 . In this case, a criminal case was heard by the Jaipur Bench without service of any notice on appellant. The learned Counsel for the State of Rajasthan conceded that as the appeal has been decided without hearing the accused he would not have any objection if the appeal is remitted to the High Court at Jaipur for rehearing in presence of the accused.;