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2. Respondent No.1 claiming to be the wife and respondent No.2 claiming to be minor daughter of the petitioner filed petition under Section 125 Cr.P.C. before the learned Magistrate seeking order of maintenance against the petitioner herein. Along with the said petition, the respondents filed interim application seeking order of interim maintenance and also sought for an exparte order for interim maintenance. The learned Magistrate on consideration of the averments made in the petition and also the statement made in the affidavit, by order dated 27.3.2012, directed payment of interim maintenance at the rate of Rs.1,000/- per month to each of the respondent Nos. 1 and 2 and directed the petitioner herein to pay the same with effect from the date of the petition namely 27.3.2012. On coming to know of the same, the petitioner herein filed revision petition before the learned Sessions Judge Haveri in C.R.P.No.139/12. The said petition came to be dismissed by order dated 25.9.2012 by the Fast Track Court, Ranebennur affirming the exparte interim order passed by the learned Magistrate. Thereafter, on 26.9.2012, the petitioner paid a sum of Rs.3,000/- towards interim maintenance and also stated to have filed objection to the application. As the entire arrears of interim maintenance ordered by the learned Magistrate had not been paid by 26.9.2012 and even after deducting Rs.3,000/- paid on that day he was still due in a sum of Rs.9,000/-, the learned Magistrate ordered issue of attachment of salary of the petitioner. It is thereafter the petitioner has presented this petition.

3. I have heard the learned counsel for the petitioner.

4. The principle ground urged in this petition is that the learned Magistrate has no power or jurisdiction to pass an exparte interim maintenance and order of interim maintenance can be passed only after giving opportunity to the opposite party of being heard and after service of notice. In the light of the decision of the Hon'ble Supreme Court in the case of Smt.Savitri Vs. Govind Singh Rawat reported in [AIR 1986 SC 984], I find no substance in the said contention. The Apex Court in the said decision has held that by implication, the Magistrate exercising power under Section 125 Cr.P.C. has power to pass exparte interim order of maintenance. The relevant observations are found in para 6 of the said decision, which reads as under:

5. If the petitioner has already filed his objection statement to the application filed for interim maintenance, it is needless to state that the learned Magistrate is under an obligation to consider the same and pass appropriate orders either affirming or modifying the exparte interim order of maintenance. Learned counsel for the petitioner contended that objection has been filed by the petitioner denying the relationship and the said objection has not been considered by the learned Magistrate before ordering attachment of salary. Admittedly, the petitioner has not paid the interim maintenance as ordered by the learned Magistrate till the date of filing of objection and its hearing. Therefore, pending consideration of the objection filed by the petitioner, the learned Magistrate has directed attachment of salary for recovery of the arrears of maintenance. The very object of passing exparte interim maintenance is to provide immediate sustenance and succor to the respondents, who, appears to have no source of livelihood. It is only to save the destitution of the respondents, such benevolent provisions have been made. Therefore, the petitioner is under an obligation to comply with the exparte interim order passed by the learned Magistrate and insist upon the learned Magistrate to hear on the objection filed to the application and to pass appropriate orders thereon. Therefore, the order passed by the learned Magistrate directing the petitioner to pay interim maintenance cannot be held as illegal. In view of the above, the learned Magistrate is justified in ordering recovery of arrears by attaching the salary. It is open to the petitioner to pay or deposit the entire arrears of interim maintenance as ordered by the learned Magistrate and thereafter request the learned Magistrate to hear on the application. If the petitioner complies with the same, the learned Magistrate is directed to consider the objection filed by the petitioner to the interim application and pass appropriate orders thereon in accordance with law.