MOHD IDRIS KHAN Vs. AKILA KHATOON

JUDGEMENT

(1.) Opposite party No. 1 obtained a decree of maintenance against the revisionist. He moved an application for the recovery of maintenance allowance of 16 months. The revisionist appeared there and filed an objection stating that the execution application has been filed for the recovery of maintenance allowance of 12 months could have been claimed. The executing Court issued warrant of attachment for the recovery of Rs. 480. The maintenance allowance was allowed at the rate of Rs. 40/- per month. For the remaining amount of Rs. 194.10 paise it did not issue warrant of attachment, instead issued the warrant of arrest on the ground that the husband can be sentenced to imprisonment for recovery of arrears which may extend beyond 12 months. Aggrieved by this order the husband has come to this Court.

(2.) I have heard learned Counsel for the parties and have perused the record. Sub-section (3) of Section 125, Code of Criminal Procedure lays down:

(3.) The revision is partly allowed. The impugned order is so far it relates to Issue of warrant of arrest for the recovery of Rs. 194.10 paise is set aside.