GANGA PRASAD Vs. GOMTI

JUDGEMENT

(1.) LIST has been revised. Shri R.K. Asthana, learned Coun ­sel for the applicant is not present in Court.

(2.) I have perused the judgment and order dated 2-5-1996 by which the warrant for realisation of arrears as well as warrant of arrest a inst the opposite party -ap ­plicant was issued.

(3.) 1 do not find any force in this argu ­ment inasmuch as while passing the order for withdrawing the past realisation proceedings the learned Magistrate has held that he had quashed the past recovery proceeding on the request of the wife. The application made by the lady was specific. Her contention was that the proceeding for recovery be withdrawn as she does not want any recovery of the arrears from her husband. She has already stated that she does not desire the maintenance al ­lowance of Rs. 450/- because he has agreed to maintain her. This order was passed by the Court on 19-1-1996 and subsequently on 13-3-1996. The order granting main ­tenance continued to exist. Smt. Gomti had made an application against her hus ­band that only the amount of arrears from 25-2-1993 to 25-2-1996 totalling Rs. 16,200/- be recovered against her husband and recovery warrant be sent for the execu ­tion to police. Notice appears to have been issued to him but he failed to appear before the Court. The applicant was not present on that date and hence the Family Court had passed the impugned order dated 2-5-1996.