DAULAT RAM Vs. SUKHI

JUDGEMENT

(1.) ln proceedings under Section 483 Criminal Procedure Code, initiated by Smt. Sukhi against her husband Daulat Ram, the latter had been ordered to pay a monthly allowance as maintenance to his wife at the rate of Rs. 80 per mernsem with effect from 6 6-1967. It appers that io spite of these orders Daulat Ram did not pay the maintenance allowance to his wife. Accordingly on 31-10-1968 Smt. Sukhi moved an application under section 488 (3) Criminal Procedure Code, complaining about her husband not paying the maintenance allowance which till then had accumulated to Rs. 1300 and prayed that the amount of maintance be realized by issue of warrants of attachment or by passing of orders of imprisonment against Daulat Ram. This application came up before the Magistrate first Class, Theog who passed the following order:-

(2.) On the date fixed, that is, 26-11-68, both the petitioner, Smt. Sukhi and the respondent, Daulat Ram were present but the Magistrate noted that warrants of attachment had not been issued and so he ordered afresh that the warrants of attachment be issued. In the proceedings of that day after passing the order regarding fresh issue of warrants of attachment, he recorded that Daulat Ram wanted time to file an appeal which was not allowed. Thereafter there were a number of hearings and finally the Magistrate pased an order on 15-3-1969 that as Daulat Ram had failed to make payment of Rs.l300 towards maintenance allowance to Smt. Sukhi despite his geving several opportunities to pay this amount, he be sentenced to imprisonment for a term of 16 months or until payment if it is made earlier. Aganist this sentence Daulat Ram went up by way of revision to the Sessions Judge, Mahasu, who has made reference to this Court recommending that the ordsr of the Magistrate be set aside and the revision be accepted.

(3.) Mr. K C. Pandit, learned counsel for Daulat Ram, has submitted that the recommsndation of the learned Sessions Judge should be accepted and the sentence against Daulat Ram be quashed Bakshi Sita Ram learned counsel for Smt. Sukhi, has, however, urged that the recommendations should not be accepted and the revision petition filed by Daulat Ram should be dismissed upholding the orders of the Magistrate In my opinion, this reference has to be accepted and the impagned order of the Magistrate has to be quashed as it is patently agains law. No opportunity has been given by the Magistrate to Daulat Ram to shw cause why be has not complied with the order of maintenance passed against him and in consequence, why warrants of attachment or sentence of imprisonment be not passed against him.