IFTEKHAR HUSSAIN Vs. HAMEEDA BEGUM

JUDGEMENT

(1.) S. K. Jain, J. In proceedings under Sections 125, Cr. P. C. instituted by Smt. Hameeda Begam against her husband Iftekhar, the learned Magistrate vide his order dated 31-1-78 allowed maintenance to the wife at the rate of Rs. 50/- per month and to the child of the parties at the rate of Rs. 25/- per month with effect from 1st August, 1975. Feeling aggrieved the husband preferred Criminal Appeal No. 21/1978 which was dismissed by the IVth Additional Sessions Judge, Shahjahanpur vide his order dated 8-7-78.

(2.) SMT. Hameeda filed an application for execution under Section 125 (3), Cr. P. C. before the Munsif Magistrate, Shahjahanpur on 9th of December, 1980 claiming that the maintenance allowance had not been paid to her with effect from 1-8-75 nor any amount had been paid to the daughter property of the husband was attached. On the ground that by virtue of provision of Section 125 (3), Cr. P. C. the Magistrate was not competent to attach the property belonging to the applicant in execution proceedings, the husband has brought this revision petition under Section 482, Cr. P. C.

(3.) IN holding the above view I am fortified by tie ratio laid down in Ladh Singh v. Mt. Punjab Kaur, AI. R. 1941 Lahore 360. Learned Counsel for the applicant, in view of the fact that a meagre amount of maintenance of Rs. SO/- per month was granted to the wife land Rs. 25 per month to the children of the parties and further that an amount of Rs. 1275/- for the period with effect unpaid, undertook to get this amount deposited within a period of one month from today. This fair offer of the learned Counsel for the applicant is accepted. This criminal application is disposed of accordingly. Application accordingly disposed of. .