IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.701 of 2009 SANJAY SAH S/O- SHRI BADRI PRASAD SAH, R/O- VILLAGE- RAKSHA RAHIMPUR, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. URMILA DEVI, D/O- DAURI SHANKAR SAH, R/O- VILLAGE RAHIMPUR, P.S.- DHAKA, DISTRICT- EAST CHAMPARAN. 2 16.12.2010 The husband-petitioner is aggrieved by the order dated 13.3.2009 passed by learned Principal Judge, Family Court, Motihari in Maintenance Case No. 218 of 2008 (Urmila Devi versus Sanjay Sah). The only grievance is that the order has been passed without service of notice on him thereby giving an opportunity to contest the same. If that be so, the petitioner would be well advised to approach the Court below in terms of the provisions contained under Section 126 of the Code of Criminal Procedure which runs as under: “Procedure- (1) Proceedings under section 125 may be taken against any person in any district- (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases. Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an - 2 - application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 125 shall have power to make order as to costs as may be just.” Having regard to the prayer made before this Court, the application is being disposed by the following order: Let the petitioner approach the Court below for setting aside the said ex-parte order within five weeks from today along with a copy of the present order. In case such an application is filed within the aforesaid time, the Court below shall consider the same on its own merit and dispose of the same in accordance with law. pkj (Kishore K. Mandal, J)