Ashok Deshmukh vs Smt. Harsha Deshmukh on 13 February, 2013
Learned counsel for the petitioner has cited the judgment
of the Orissa High Court in the matter of Indramani Jena Vs.
Smt. Minjilata Jena and another decided on 2.5.1991 in
Criminal Revision No. 192 of 1990, in which it has been held that
service of maintenance petition was affected on the petitioner at
9:00 AM, raises reasonable suspicion regarding service and the
Magistrate also not found to have recorded its satisfaction in the
impugned order that person concerned was willfully avoiding
service or willfully neglecting the Court, therefore, order of the
Court for proceedings ex-parte against the petitioner was held to
be without jurisdiction. In the present case notice to the
petitioner has been served by registered post, therefore, the
judgment cited by the learned counsel for the petitioner has no
application to the instant case.