K RAMESH BABU Vs. K S R RAJYAM

JUDGEMENT

(1.) Pending appeal, the appellant filed I.A. No. 3096/85 in A.S. No.153/85 on the file of the Ilnd Addl. District Judge, Guntur, under Sees. 4 and 23 of the Provincial Insolvency Act and Sec. 151 CPC to pass an order of interim protection against the respondents from arresting him in execution of the order in Crl. M.P. No. 98/95, 2174/83 and 411/83 in M.C. No. 6/81 on the file of the 1st Addl. Munsif Magistrate, Tenali. The petition after contest, was dismissed with costs on 29-10-1985 holding that there are no justifiable grounds to grant protection to the petitioner from being arrested in execution of the order of granting maintenance by the Criminal Court. Against that order, the petitioner filed the present revision petition.

(2.) The petitioner also filed LA. No. 496/85 in I P. No. 1/85 under Secs. 4 and 93 of the Provincial Insolvency Act in the Court ot the Prl. Munsif Magistrate, Tenali, to pass an interim protection order against the respondent from arresting the petitioner in M.C. No. 6/31 and Crl. Mr. Nos. 411/83, 2174/83 and 78/85 on the file of the 1st Addl. Munsif Magistrate, Tenali. That application also was dismissed on 4th September, 1985, holding that the petitioner is not entitled to seek interim protection from arrest in execution of the order in M C. No. 6/81.

(3.) The admitted facts are as follows ; The petitioner gave divorce to his wife Nagamani. He had one daughter Supraja Lakshmi Rajyam through his wife Nagamani. The petitioner filed an application under the Guardian and Wards Act for the custody of that minor girl. After enquiry, the Court found that the petitioner, who is the father, is not entitled to the custody of his daughter. The daughter represented by her mother, i e. the respondent filed M.C. No. 6/81 on the file of the 1st Addl. Munsif Magistrate, Tenali, under Sec. Cr. P.C. After enquiry, a sum of Rs. 50/- per month was awarded. The petitioner has not paid even a single pie towards arrears of maintenance. The respondent, represented by her mother, filed Crl. M.P. Nos. 411/83, 2174/83 and 78/83 for non-payment of arrears of maintenance amount before the 1st Addl. Munsif Magistrate, Tenali.