DHANA SINGH Vs. STELLA

JUDGEMENT

(1.) THIS appeal is taken up with the consent of counsel on both sides. It is directed against an order dated 6. 5. 1992 passed by the principal Judge, Family Court, Madras, in M. P. No. l067 of 1991 in M. C. No. 335 of 1988.

(2.) M. C. No. 335 of 1988 was a petition for maintenance under Sec. 125, code of Criminal Procedure, filed by the respondents herein, the first respondent being the wife of the petitioner and the second respondent being his son, who was minor at the time of filing of the petition. The court below passed the order on 17. 6. 1989 directing payment of maintenance at the rate of Rs. 500 to the first respondent herein and Rs. 300 to the second respondent herein with effect from 3. 11. 1988. The respondents herein filed m. P. No. 1067 of 1991 stating that no amount of maintenance has been paid, excepting a sum of Rs. 7 ,210 which was paid pursuant to an order of attachment made in M. P. No. 612of 1989. That petition, M. P. No. 612of 1989 was disposed of on 15. 10. 1991. The present M. P. No. 1067 of 1991 has been filed for recovery of rs. 20 ,800 being the amount due from 3. 8. 1989 to 2. 10. 1991. This petition was filed on 31. 10. 1991. The court below passed an order on 6. 5. 1992 directing attachment of salary of the appellant to the extent of Rs. 1 ,000 per mensem. It is the said Order, which is challenged in this appeal.