PHULLU Vs. BUDAUN

JUDGEMENT

(1.) THIS is an application u/Sec. 482 CrPC.

(2.) SMT. Shyam Kumari opposite party No. 3 is the wife of Phullu applicant. She filed an application u/Sec. 488 of the old Code of Criminal Procedure. By order dated 29?12?1964 the Magistrate fixed her maintenance allowance at Rs. 30/- p.m. On 14?9?1965 she moved an application for realisation of the arrears of maintenance allowance. In this proceeding some property was attached. One Ram Bilas filed an objection that the attached property belonged to him. On 19?8?1975 his objection was allowed and the attached property was released in his favour. SMT. Shyam Kumari filed a revision before the Sessions Judge. On 14?1? 1976 her revision was dismissed.

(3.) IT will be seen from old Sec. 488 CrPC as well as new Sec. 125 CrPC that the Magistrate passes an order for payment of the monthly allowances: Therefore, the husband has to comply with the order, himself. When he fails to comply with the order, the wife is required to make an application for the realisation of the amount.