the caste elders for settling the matter. At a meeting held in the presence of caste and community elders at Tanuku, the wife of the petitioner and her parents vehemently opposed for the petitioner visiting the place of his wife and looking after the child. Therefore, the petitioner filed proceedings for custody of the child. The petitioner was deputed by his Company to take up a job at a place in the State of Uttarakhand. Hence, the petitioner left for Uttarakhand on his vocation in the month of September, 2015. Hence, he is not aware of the maintenance case proceedings. The petitioner was set ex parte for his non-appearance in the maintenance case. He is a law abiding citizen. Having come to know about the maintenance case proceedings, after receiving the garnishee orders, he has taken necessary steps by approaching the Court. A non-bailable warrant was also issued against the petitioner. When a copy application was made for the same, it was returned saying that copy application for grant of copy of NBW is not maintainable. The delay in filing the case is explained. This Court is pleased to condone the delay. Since the impugned order is an ex parte order, the petitioner could not produce any evidence before the Court of the learned Magistrate with regard to his income and financial resources and also that of his wife. The impugned order being an ex parte order may be set aside and an opportunity may be given to the petitioner to have the cause decided on merits. The maintenance awarded @ Rs.20,000/ - per month is high and excessive. The petitioner is not in a position to pay the huge arrears of maintenance and also the monthly maintenance @ Rs.20,000/ -. Unless the ex parte order is set aside and an opportunity is given to contest the maintenance case on merits, the petitioner suffers serious and irreparable loss.”
