H C MOHAN Vs. SULOCHANA

JUDGEMENT

(1.) THIS revision is filed against the order of the Civil Judge (Senior Division), Shimoga, in Exn. No. 256/98.

(2.) THE revision petitioner is the judgment-debtor against whom execution proceedings were instituted for recovery of maintenance amount granted to the decree-holder who is his wife, in M. C. 12/91 filed for restitution of conjugal rights, inter alia seeking alimony of Rs. 600/- p. m. which was ordered by the Court below. The arrears of alimony of Rs. 23,7 (sic) remains unpaid. Therefore, the execution petition was filed.

(3.) FROM the order sheet, it discloses that notice was ordered on the judgment-debtor both through Court and by registered post, but the same was not served. Consequently, an arrest warrant came to be issued. In the meantime, the judgment-debtor made appearance and filed objections to the execution petition contending that the decree is inexecutable as he has 'no means to pay' and that he has no source of income to make payment of the decretal amount.