JEWAN LAL Vs. RAJ RANI SMT

JUDGEMENT

(1.) This petition has come up before me in consequence of the order pasted by ShriR.K. Sinha, Addl. Sessions Judge, Delhi or the 27.th of Februiry, 1973, in exercise of the jurisdiction provided by section 438 of the Criminal Procedure Code, hereafter called "the Code".

(2.) The petitioner before me is the husband. The respondent Smt. Raj Rani had filed an application dated the 30th of November, 1970 against the petitioner under section 488 of the Code That application came up before the trial court on the 3rd of December, 1970, when it was directed that notice be issued to the respondent for the 4th of January, 1971. Subsequently it was noticed on the 12th of February, 1971 by the trial court that registered acknowledgment due notice had been refused. It was, however, ordered that fresh process be issued for the 17th of March, 1971. In the order passed on the 10th of June, 1971. the trial court again noticed that the registered acknowledgment due notice issued to the respondent had been refused. Exparte proceedings were taken. Some evidence, including the statement of the mother of the present respondent, was recorded and then by the order made on the 27th of September, 1971 the trial court deternined that the husband should pay Rs. 200.00 per mensem towards the maintenance w. e. f. the dale of the application, which was the 3rd of December, 1970.

(3.) A perusal of the record discloses that an application for execution was preferred which bears the date 25th November, 1971. Having dealt with the application on various dales, on the 20th of September, 1972 the trial court direded that a warrant of attachment be issued against the present petitioner.