DHANI DEVI Vs. TULSI RAM

JUDGEMENT

(1.) This writ petition was intially filed by the petitioner invoking both Articles 226 and 227 of the Constitution of India for quashing the order dated 22nd November, 1966. passed by the Sub-Divisional Judge, Bilaspur District (Himachal Pradesh). Subsequently, a statement was made before Hardy J. on 19th June, 1967 that this petition may be dealt with only under Article 227 of the Constitution.

(2.) The petitioner, who is the wife of the respondent, had obtained an order for payment of maintenance by the respondent from the Nyaya Panchayat Lakhanour This order was made under Section 57(2) of the Himachal Pradesh Panchayat Raj Act. 1952, hereinafter referred to as "the Act. By this sub-section applications for maintenance under Section 488 of the Code of Criminal Procedure are to be heard and decided by the Nyaya Panchayat. After this order had been passed, the Nyaya Panchayat sent the order to the Sub-Divisional Judge, Bilaspur, for execution. This was done under Section 97 of the Act and rule 165 of the Panchayat Rules of Himachal Pradesh. The respondent filed various objections before the Sub-Divisional Judge upon which the learned Judge framed the following issues :-

(3.) I am not here concerned with any of these issues because although no issue had been claimed by the respondent, the learned Judge enterained a plea of the respondent's counsel that his Court had no jurisdiction to entertain the execution of the aforesaid order of the Nyaya Panchayat under Section 488 Criminal Procedure Code. The learned Judge considered this matter and came to the conclusion that the execution of the order of maintenance did not lie to the Sub- Divisional Judge as the Nayaya Panchayat had concurrent jurisdiction under Section 488, Code of Criminal Procedure, with the Sub-Divisional Judge. The main ground on which the learned Judge came to the above conclusion was that a judgment under Section 488, Code of Criminal Procedure is not a decree as defined in the Panchayat Act nor is it an order under the Punjab Land Revenue Act, 1887.