KOCHUKUNJU NARYANAN Vs. KUNJALI SAROJAKSHI

JUDGEMENT

(1.) THE question for decision in this appeal is whether a person who has filed an application for adjudicating him an insolvent, is entitled to be released from jail where he is undergoing imprisonment in enforcement of an order passed against him under S. 488 of the Code of Criminal Procedure.

(2.) THE appellant is the husband of the respondent in whose favour an order for maintenance has been passed by the Sub-Divisional magistrate at Quilon in Miscellaneous Case No. 20/1950 on the file of his court. Since the appellant failed to comply with that order the respondent filed an application before that Court for enforcement of the order, and the magistrate on being satisfied that the appellant had failed without sufficient cause to comply with the order to pay maintenance to his wife at the rate specified, directed the appellant to be imprisoned in jail. At this stage the appellant filed insolvency petition No. 77/1955 before the District Court at quilon praying that on account of his inability to pay his debts he may be adjudicated an insolvent. THE major item of debt shown in that application represented the arrears of maintenance which had become payable by virtue of the order in M. C. No. 20/1950 already referred to. Along with the insolvency petition the appellant filed a separate petition CMP No. 6656 dated 31. 10. 1955, praying that he may be released from jail pending final orders on the insolvency petition. THE respondent on receipt of notice of that petition, objected to the release of the appellant from jail. After a due consideration of the contentions of the parties, the lower court came to the conclusion that the release prayed for by the appellant-petitioner cannot be granted and accordingly dismissed his petition. THE appeal is against that order.