CHANDRA BHAN Vs. SUDHA RANI

JUDGEMENT

(1.) SUPPLEMENTARY affidavit filed today, same be taken on the record.

(2.) HEARD Sri S.P.S. Rathore , learned counsel for the petitioner, learned A.G.A. and Sri V. D. Agarwal and Mrs. Sandhya Agrawal , learned counsel for the respondents.

(3.) IT is contended by the learned counsel for the petitioner that the maintenance allowance was awarded by the learned Magistrate to respondents Nos.1 and 2 who are wife and daughter respectively of the petitioner. The petitioner moved an application in the Court of learned Magistrate under Section 128, C.P.C., praying therein that the procedings of the recovery be quashed against him because he has filed a suit in the Court of learned Civil Judge, Etah for declaring him insolvent. It is contended that the petitioner has not paid the above mentioned maintenance as awarded by the learned Court below because he has no source of income, that is why he has filed a civil suit for declaring him insolvent, that suit is pending. Contention of the learned counsel for the petitioner is opposed by learned A.G.A. and learned counsel for the respondents by submitting that the petitioner is under obligation to maintain his wife and daughter. He has been directed to pay the maintenance allowance to his wife and daughter by the Courts below and deliberately he is not paying the maintenance allowance and its arrears. So he filed a civil suit for declaring him an insolvent.