AHMED PASHA Vs. WAJID UNISSA

JUDGEMENT

(1.) This revision is directed against the order of attachment of salary of the petitioner by the Judicial First Class Magistrate, Luxettipet in Crl.M.P. No. 773 of 1982 in M.C. No. 16 of 1978.

(2.) M.C. No. 16 of 1978 was filed by Respondents 1 and 2 herein for maintenance. The first respondent is the wife of the petitioner and the second respondent is the son of the petitioner. After enquiry the learned Magistrate allowed the petition and granted maintenance at Rs. 50.00 for the wife and Rs. 40.00 for the son per month. The petitioner has been paying the maintenance as per the orders of the Magistrate in M.C. No. 16 of 1978 up to 2-10-1980 but stopped paying from 2-10-1980 to 2-4-1982 i.e. for a period of 18 months. Hence arrears accrued in a sum of Rs. 1620.00. The wife and the son of the petitioner therefore, filed Crl.M.P. No. 773 of 1982 for the recovery of the arrears. The learned Magistrate issued notice to the petitioner on 1-5-1982 but it was returned un-served. Again on 14-6-1982 fresh notice was issued to the petitioner. This time also the notice was un-served on the petitioner and the same was returned by the process server. The lower Court therefore, passed the order on 24-6-1982 attaching the salary of the petitioner to the extent of Rs. 150.00 per month. It is this order that is assailed in this revision.

(3.) In this case, as stated above, the petitioner fell in arrears since he did not pay the maintenance as granted by the Magistrate from 2-10-1980 to 2-4-1982. When the order of the Magistrate granting maintenance was not complied with for months together what is the remedy ? The remedy is provided in Section 125(3) Cr.P.C. which reads as follows :