PHULLU Vs. 5TH ADDL DISTT AND SESSIONS JUDGE

JUDGEMENT

(1.) This is an application Under Section 482 Code of Criminal Procedure.

(2.) Smt. Shyam Kumari opposite party No. 3 is the wife of Phullu applicant. She filed an application Under Section 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.) On 3-4-1974 Smt. Shyam Kumari moved an application for realisation of entire arrears due from 29-12-1964. The Magistrate passed an order on 17-11-1976 that Phullu should pay the entire amount i.e. Rs. 3,960/-. Against this order Phullu filed a revision before the Sessions Judge. By order dated 13-4-1977 the Vth Additional District and Sessions Judge, Budaun rejected the revision. No counter affidavit has been filed. The opposite party has not put in appearance.