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Revision: Ex-Parte Order For Grant Of Maintenance Set Aside By The High Court

Upon reviewing the proviso to Section 126 of the CrPC, it is evident that the court responsible for deciding maintenance matters will also adjudicate petitions filed under the same section and issue an appropriate order. In the present case, the Principal Judge has acted accordingly, and there was no illegality in the Principal Judge's order that set aside the District Court's order due to illegality, which must be overturned. Consequently, the revision application was granted, and the District Court's impugned order is hereby annulled.

The case is remanded to the Principal Judge of the Family Court in Dhanbad with instructions to dispose of the case within two months from the date of receiving a copy of this order. The petitioner is directed to appear immediately before the Family Court in Dhanbad. The Principal Judge of the Family Court in Dhanbad shall resolve the matter after hearing both parties within the aforementioned timeframe.

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