RAJA RAM Vs. IVTH ADDL SESSIONS JUDGE PILIBHIT

JUDGEMENT

(1.) Heard Sri J. Habib, learned counsel for the petitioner and Sri Jitendra Pal, learned counsel for respondent No. 3.

(2.) By the present writ the petitioner has challenged orders dated 20-192 (Annexure 1 to the writ petition), 22-1-92 (Annexure 4 to the writ petition), 6-10-95 (Annexure 7 to the writ petition) and 5-12-96 (Annexure to the writ petition).

(3.) Respondent No. 3, Smt. Leelawati, claiming to be the wife of the petitioner filed a petition under Section 125 Cr. P.C. claiming maintenance allowance for herself and her minor daughter. The petitioner was served with the notice in the said case and filed written statement wherein he admitted marriage and birth of a child out of their wed-lock but he denied other allegations. He alleged that on 5-5-86 when the petitioner was working in his field, one Shyam Lal abducted Smt. Leelawati, regarding which he lodged a report on 7-5-86. The petitioner had made several attempts to bring the wife back to her matrimonial home but her parents did not permit her to come and live with the petitioner. A Panchayat was held in which the wife refused to live with the petitioner. Thereafter a notice dated 17-10-86 was served but to no affect. It was also alleged that the petitioner did not own any agricultural land and he was doing labour work and was earning Rs. 150.00 per month. It appears that the wife examined P.W.1 Ram Das and herself as P.W.2. The petitioner did not appear and did not produce any evidence. Hence, the case proceeded ex parte and was decided ex parte by judgment and order dated 22-1-92 (Annexure 4 to the petition) whereby maintenance allowance at the rate of Rs. 250.00 per month to the wife and Rs. 100.00 to the minor daughter was awarded.