V P SHIVANNA Vs. BHADRAMMA

JUDGEMENT

(1.) The petitioner in this case has challenged the proceedings in C. Misc. No. 3/87 on the file of Judicial Magistrate First Class (JMFC for short), Nelamangala and praying for quashing the same. The facts relevant for the disposal of this petition, briefly stated are as under :

(2.) Petitioner Shivanna is the husband of respondent Bhadramma. In C. Misc. No. 5/85, the JMFC, Nelamangala, by his order dated 23-9-1986 directed the instant petitioner to pay maintenance to Smt. Bhadramma at the rate of Rs. 75/- p.m. and an amount of Rs. 150/- p.m. to the child born out of Bhadramma. Since the amount was not paid by the instant petitioner as ordered by the learned JMFC, respondent Bhadramma filed an application before the JMFC under S. 125(3), Cr. P.C. for the recovery of the amount. The learned JMFC, by his order dated 23-3-1988, directed the issue of salary attachment warrant against the instant petitioner. Aggrieved by this order passed by the JMFC, the instant petitioner has approached this Court by this petition, challenging the entire proceedings leading to the said order.

(3.) I have heard Sri R. G. Hegde, counsel for the petitioner and Smt. Manjula Devi, counsel for respondent.