PADMAVATI BAI Vs. KALYAN RAO

JUDGEMENT

(1.) This reference has been made by the District Magistrate, Gulbarga, in a matter arising out of proceedings instituted Under Section 488 of the Code of Criminal Procedure.

(2.) In those proceedings, an order for maintenance was made against the husband and, after that order was made, the Magistrate issued a warrant for levying the amount due, under Sub-section (3) of that section. Against the issue of the warrant in that way, the husband made a complaint in the revision petition presented to the District Magistrate. and it is as a consequence of the representation of that revision petition, that this reference has been made.

(3.) The District Magistrate points out in his reference that since the issue of the warrant was not preceded by a notice calling upon the husband to comply with the order made Under Section 488(1), the warrant was not legally or validly issued.