Case Note & Summary
The petitioner, Shivashankar Chandrashekar Jotavar, challenged an order dated 23.12.2015 passed by the Family Court, Belagavi in Crl.Misc.No.456/2015, which awarded maintenance of Rs.5,000 per month to his wife (respondent no.1) and Rs.1,000 per month to each of his two minor children (respondent nos.2 and 3) until they attain majority. The petitioner contended that the notice issued by the Family Court was not served upon him properly, and therefore the ex parte order was bad in law. The High Court examined the issue of service of notice in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Family Court. The court noted that the Family Court had issued notice by registered post, which was returned with an endorsement 'refused'. The court held that service by registered post is sufficient compliance under the law, and the petitioner cannot claim that he was not served. On the quantum of maintenance, the court found that the amounts awarded were reasonable and did not warrant interference. Consequently, the revision petition was dismissed, and the order of the Family Court was upheld.
Headnote
A) Family Law - Maintenance - Section 125 Cr.P.C. - Service of Notice - The court considered whether service of notice by registered post in a maintenance petition under Section 125 Cr.P.C. is sufficient. The High Court held that service by registered post is sufficient compliance and the Family Court's order granting maintenance was upheld. (Paras 1-3) B) Family Law - Maintenance - Quantum - Section 125 Cr.P.C. - The Family Court awarded Rs.5,000 per month to the wife and Rs.1,000 per month to each child. The High Court found no ground to interfere with the quantum of maintenance. (Paras 2-3)
Issue of Consideration
Whether service of notice by registered post issued by the Family Court in a petition under Section 125 Cr.P.C. is sufficient compliance of law?
Final Decision
The High Court dismissed the revision petition and upheld the order of the Family Court dated 23.12.2015 in Crl.Misc.No.456/2015.
Law Points
- Service of notice by registered post is sufficient compliance under Section 125 Cr.P.C. in Family Court proceedings
- Maintenance proceedings under Section 125 Cr.P.C. are summary in nature
- Family Courts Act
- 1984 Section 19(4) provides for revision against orders of Family Court
