VANKAR BHANA RAMA Vs. BAI LADU

JUDGEMENT

(1.) This Revision Application arises out of proceedings instituted under sub-sec. (3) of sec. 488 of the Code of Criminal Procedure.

(2.) The facts of the case briefly stated are as under. The petitioner before me is the husband and the opponent No. 1 is his wife. The wife filed Miscellaneous Application No. 4 of 1967 in the Court of the learned Judicial Magistrate First Class Baria against her husband for maintenance. The learned Magistrate decided that application and ordered the husband to pay to his wife a sum of Rs. 45/per month for her maintenance and for the maintenance of their two children. It a pears that for sometime the husband paid the amount to the wife. With effect from 11th November 1967 he dip not pay maintenance to his wife in terms of the order made by the learned Magistrate. He ran into arrears from 11th November 1967 to 10th March 1970 for a period of 28 months. The arrears amounted to Rs. 1.60.00. Therefore the wife filed the present application under subsec. (3) of sec. 488 of the Code of Criminal Procedure for enforcement of the said order of maintenance and to recover the aforesaid sum of Rs. 1260.00. The learned Magistrate issued notice to the husband and made it returnable on 30th June 1970. The husband appeared and after giving him an opportunity of being heard the learned Magistrate issued warrant for recovering the arrears of maintenance. That warrant could not be executed because the husband did not possess any property-moveable or immoveable.

(3.) The learned Magistrate thereafter recorded evidence of the wife and issued a warrant for the arrest of the husband. On 22nd October 1970 he made his first order directing the husband to pay to his wife the amount of maintenance for one month from 11th March 1969 to 10th April 1969 or in default to undergo rigorous imprisonment for 15 days for willful neglect to maintain his wife and their two children. The husband did not pay the said amount to the wife and underwent rigorous imprisonment for the said period at the end of which he was produced before the learned Magistrate. Thereafter on 2nd December 1970 the learned Magistrate passed another order on the same application directing the husband to pay to his wife a sum of Rs. 45/for the period from 11th April 1969 to 10th May 1969. He also directed him in case of noncompliance with his order to undergo rigorous imprisonment for ten days for willful neglect to maintain his wife and their two children. On the expiry of the said period during which the husband underwent rigorous imprisonment he was produced before the Court. Thereafter on 11th December 1970 the learned Magistrate made the third order directing the husband to pay to his wife a sum of Rs. 45/for her maintenance and for the maintenance of their two children for the period from 11th May 1969 to 10th June 1969. He also ordered him to undergo rigorous imprisonment for seven days in case of non-compliance with his order for willful neglect of his wife and children. The husband did not pay the aforesaid amount and therefore after he had undergone the aforesaid period of rigorous imprisonment he was produced again before the learned Magistrate who made the fourth order on 17th December 1970 by which he directed the husband to pay a sum of Rs. 45/to his wife for the aforesaid purpose for the period from 11th June 1969 to 10th July 1969. He also ordered him to undergo in case of non-compliance with his order rigorous imprisonment for 8 days for willful neglect to maintain his wife and their two children. After the husband had undergone rigorous imprisonment for the said period he was produced before the Court. The learned Magistrate thereafter passed fifth order on-24th December 1970 directing the husband to pay to the wife a sum of Rs. 45/for the aforesaid purpose for the period from 11th July 1969 to 10th August 1969. He also directed him in case of non-compliance with his order to under go rigorous imprisonment for 12 days for willful neglect to maintain his wife and children. The husband underwent rigorous imprisonment for the aforesaid period and did not pay anything to his wife. He was therefore produced before the learned Magistrate who made the sixth order on 4th January 1971 directing the husband to pay to the wife a sum of Rs. 45/for the aforesaid purpose for the period from 11th August 1969 to 10th September 1969 He also ordered him to undergo in case of non-compliance with his order rigorous imprisonment for 8 days for willful neglect to maintain his wife and children. The husband underwent rigorous imprisonment for the aforesaid period and did not pay anything to his wife. On the expiry of that period he was produced before the learned Magistrate who made the 7 and last order against him. He directed him to pay a sum of Rs. 45/to his wife for the aforesaid purpose for the period from 11th September 1969 to 10th October 1969. He also directed him in case of non-compliance with his order to undergo rigorous imprisonment for six days for willful neglect to maintain his wife and children. Thereupon the husband filed in the Court of Sessions at Godhra Criminal Revision Application No. 2 of 1971 challenging the validity of the several orders passed by the learned Magistrate from time to time on the single application made by the wife for enforcement of the maintenance order. For the reasons recorded in his judgment the learned Sessions Judge rejected the contentions raised before him and dismissed the Revision Application.