K V RUDRAIAH Vs. B S MUDDA GANGAMMA

JUDGEMENT

(1.) The respondent is the wife of the petitioner. She obtained an order in C.M.C. No.4/82 on the file of the J.M.F.C., Gouribidanur under S.125 of the Cr.P.C. for monthly maintenance at the rate of Rs. 200/-.

(2.) Since the husband is said to have committed default in paying the monthly maintenance she has applied to the court under S.125(3) of the Code for recovery of the amounts due. By the impugned order, the learned Magistrate, overruling the objections of the husband, has directed attachment of the salary payable to the husband by the State Government. It may be noted that he is an employee under the State Government and is working as a Forest Guard in the Department of Forests.

(3.) Sub-sec.(3) of S.125 of the Code provides that "If the person concerned fails without sufficient cause to comply with the order" the Magistrate may