MUSHTAK AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) S. I. Jafri, J. 1 I have heard Sri Haider Husain learned counsel for Smt. Rehana and also Sri V. M. Zaidi, learned counsel for Mushtaq Ahmad at a great length. I have also heard Sri A. K. Devedi, learned counsel for the State.

(2.) THIS instant case speaks volumes about the devious methods adopted by Mushtaq Ahmad, husband of unfortunate and deserted wife and Smt. Rehana her three minor children depriving her and her children from getting maintenance from her husband awarded by the learned Magistrate.

(3.) MUSHTAQ Ahmad again filed a revision before the learned Sessions Judge against the aforesaid order of the Magistrate dated 11-6-85 which was dismissed by Sri D. P. Warshney, II Addl. Sessions Judge, Muzaffarnagar on 20-1-86 with the result that the order dated 23-3-85 passed by the learned Magistrate granting maintenance of Rs. 500 to Smt. Rehana and her three minor children had become final. MUSHTAQ Ahmad also did not challenge the aforesaid order dated 20-1-86 passed by Sri D. P. Warshney, II Addl. Sessions Judge, Muzaffarnagar affirming the order dated 23-6-85 passed by the learned Magistrate. There after, proceedings for the recovery of Rs. 24000 from MUSHTAQ Ahmad as maintenance were started by the learned Magistrate who issued attachment order and warrant of arrest against MUSHTAQ Ahmad on 13-2-1987 and 16-2-1987. MUSHTAQ Ahmad appeared before the Magistrate and filed objection for recalling the order dated 13-2-87 and 16-2-87, regarding issue of process for the recovery of arrears. The learned Magistrate recalled the order dated 13-2-87 and 16-2- 87 but MUSHTAQ Ahmad again filed a revision in the court of the learned Sessions Judge against the order dated 13-2-87 and 16-2-87 passed by Ranjan Pandey, Munsif Magis trate I, Muzaffarnagar.