D VENKATESAN Vs. P LALITHA

JUDGEMENT

(1.) The petitioner wife has obtained an order of maintenance against the respondent under Section 125 of the Cr.P.C., in the Court below. She is executing that order contending that the amount awarded has not been or is not being paid to her in accordance with the direction contained in the order. Learned Metropolitan Magistrate, V Court, Bangalore, has issued a levy warrant to recover from the petitioner in all a sum of Rs. 5,500/- which was the amount claimed as arrears by the wife.

(2.) It may be noted that the petitioner's husband is a resident of Madras City and is presently working as a Technical Assistant in the I.I.T at Madras. Challenging the warrant issued for levying the amount due, he contends that the learned Magistrate had no jurisdiction to issue a levy warrant against him who is not residing within his jurisdiction and further contends that, even otherwise, he should have been heard before issuing that levy warrant, so that he could have had his say in the matter.

(3.) There is no merit in the first submission made on behalf of the petitioner. Section 125(3) r/w. S. 128 of the Cr.P.C, contain clear guidelines as to how, by whom and where/at an order for maintenance can be enforced. And the said provisions read thus :