PASSED BY THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT TO SIT AT ANEKAL IN CRL.A.NO.5002/2017 AND ALSO ORDER DATED 07.07.2017 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C., ANEKAL IN CRL.MISC.NO.456/2017. THIS CRL.RP COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING:- ORDER After hearing the learned counsel for the petitioners and perusing the records, it is evident that an exparte order of maintenance has been passed directing respondent No.1 to pay monthly maintenance of Rs.3,000/- to the petitioner until further orders in Crl.Misc.No.456/2017 by the Prl. Civil Judge and JMFC, Anekal.
2. The said order was challenged under Section 29 of the Domestic Violence Act before the III Additional District and Sessions Judge, Bengaluru Rural District, Anekal, in Crl.A.No.5002/2017, wherein the Appellate Court has dismissed the appeal confirming the order of the trial Court. Therefore, what is confirmed by the Appellate Court is an exparte order passed by the trial Court. The trial Court has no opportunity or occasion to consider the objection as well as the grounds urged by the petitioners. It is a recognized principle of law that an exparte order is passed without hearing the other side. The Court, which passed the exparte order has got jurisdiction to hear the application after appearance of the respondent/s and after hearing the grounds, it can either confirm its exparte order or it can modify the order depending upon the circumstances of the case. Section 25(2) of the Protection of Women from Domestic Violence Act also empowers the Magistrate to modify the order on any changed circumstances.
3. In the above said circumstances, in my opinion, it would suffice to state, that the trial Court has to consider the objection and materials that may be placed by respondent No.1 before the trial Court and hear the application i.e., I.A. After hearing both the parties, the trial Court is directed to pass an appropriate order with regard to the maintenance as prayed by the petitioners. In that context, if the parties would like to lead any evidence, the Court is hereby directed to hold an enquiry and thereafter, pass an appropriate order in accordance with law, till then the exparte order is sustained. With these observations, petition is disposed of. In view of disposal of the main petition,
I.A.No.1/2018 for stay does not survive for consideration and the same is disposed of. Sd/- JUDGE