IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.935 of 2011
Awadh Narayan Singh, son of Late Shiv Nath Singh, resident of
village- Baradhi, P.S.-Bagen, District- Buxar.
...........Petitioner
Versus
1. The State of Bihar.
2. Smt. Indrasan Devi @ Sonamati Devi, resident of village-
Atapur, P.S.- Aiyer (Jagdishpur), District- Bhojpur.
.........Opposite Parties.
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4. 08.11.2011 This revision application has been filed under
Section 19 (4) of the Family Courts Act against the order
dated 25.03.2011 passed by the learned Principal Judge,
Family Court, Ara in Misc. Case No.07/2011 by which the
prayer of the petitioner to recall the ex-parte order dated
13.05.1998 passed in Misc. Case No.105/1994 directing
the petitioner to pay a sum of Rs.700/-per month (Rs.350/-
for his wife and Rs.350/- for his minor daughter) has been
rejected.
The main contention of the learned counsel for
the petitioner is that no notice was served upon the
petitioner in Misc. Case No.105/1994 and the order has
been passed ex-parte.
Heard Mr. Akhileshwar Prasad Singh, the
learned Senior counsel for the petitioner and Mrs.
I.B.Pandey, the learned A.P.P. for the State.
2
It appears from the impugned order that the
learned Principal Judge has found that notice has been
issued to the petitioner under registered cover. It is
apparent from the order dated 23.06.1994 that after
awaiting for sufficient time, the learned Magistrate
proceeded for the ex-parte proceeding on 6.05.1997. The
petitioner has challenged this order dated 6.05.1997 and
13.05.1998 after about 12 years and the petitioner has filed
under Section 126 (2) of the Cr.P.C. for recall of aforesaid
orders and the wife and daughter have been running from
pillar to post for getting the maintenance amount as
aforesaid.
Considering the facts and circumstances, I do
not find any ground to interfere with the impugned order.
This petition is dismissed.
V.K. Pandey ( Amaresh Kumar Lal, J.)