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Frequently, the respondent No.1 took quarrel and in drunken condition, started violence against the petitioner. Therefore, the petitioner was constrained to file Crl. Petition as stated above.

On the request of the petitioner, the learned Metropolitan Magistrate, Traffic Court-III, Bengaluru on 9.05.2017 passed an exparte ad-interim maintenance order directing the appellant/respondent No.1 to pay maintenance of Rs.5,000/- per month to the petitioner and her son.

4. Aggrieved by the said order, the appellant/husband has filed this appeal on the grounds that the impugned order passed by the learned Magistrate is opposed to facts and circumstances of the case. No notice is served to the appellant. No opportunity is provided to the appellant to defend his case. It is contended that the respondent/wife herself has taken contention that the appellant has sustained loss in business and closed the business. It is contended that the appellant is being jobless, unable to maintain himself. The appellant was in Rehabilitation Centre for taking treatment. It is further contended Crl.Appeal No.1260/2018 that the respondent/wife is being B.Sc., Graduate, running Garments business and earning for Rs.40,000/- per month apart from it, she is managing her cousin business and earning Rs.20,000/- per month. So, the respondent/wife has no difficulty to maintain herself and her child. Prays to allow the appeal and to set aside the impugned order.

12. The learned counsel for appellant has submitted that in the said proceedings for dishonour of cheque against the appellant by the respondent, the respondent has stated that she is running Garments business under the name and style M/s.Moksha and earning. Therefore, there is source of income to the respondent to maintain herself. Hence, prays to allow the appeal.

13. I have gone through the materials placed on record. The respondent/wife and her son had filed Crl.Misc.No.78/2017 before the learned Metropolitan Magistrate, Traffic Court-III, Bengaluru. Along with the petition under Section 12 of PWDV Act, the respondent/wife had filed an interim application under Section 23 of PWDV Act and prays to pass an exparte ad-interim order for maintenance. Considering the necessity of maintenance to the respondent and her son, the learned Magistrate had passed an exparte ad- interim maintenance order directing the appellant/respondent No.1 to pay a sum of Rs.5,000/- per month as maintenance to his wife and son.

Crl.Appeal No.1260/2018

14. Admittedly, the said impugned order is an exparte ad-interim maintenance order. While passing such exparte ad-interim maintenance order, question of issuance of notice prior to passing the order does not arise at all. Section 23 of PWDV Act has given power to the learned Magistrate to pass such exparte ad-interim maintenance order on the basis of satisfactory grounds put forth by the petitioner. Therefore, the grounds put forth by the appellant/respondent No.1 in this appeal that prior to passing exparte ad-interim maintenance order, no notice is served nor opportunity is provided to the appellant does not hold any water.

15. The respondent/wife has alleged that her husband/appellant and his parents subjected her to cruelty, started violence against her, abused in filthy language and gave life threat to her. Therefore, the respondent was constrained to file the petition before learned Metropolitan Magistrate, Traffic Court-III, Bengaluru and sought for an exparte ad-interim maintenance order against the appellant.

16. It is submitted by the appellant's side that the appellant is jobless due to loss in the business and harassment made to him by his wife, he went in depression and he took treatment at NIMHANS and Crl.Appeal No.1260/2018 other hospitals. He is not in a position to maintain himself. It is further submitted that the respondent/wife is running Garments business and by assisting his cousin in business, earning Rs.60,000/- per month. The respondent/wife is capable of maintaining herself and her son.