DEORAM PATIDAR Vs. SUMANBAI PATIDAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 4.5.84 of the Addl. District Judge, Kukshi, Dhar passed in execution of proceeding arising out of Case No. 1 -B/82 -84.

(2.) THE brief history of the case is that the respondent obtained a decree of maintenance against the appellant who is her husband. The decree was being executed. The appellant -judgment -debtor failed to pay the amount. As such learned Executing Court on the application of respondent has directed that the judgment -debtor -appellant be kept in jail. Hence this appeal.

(3.) THE second contention of the learned Counsel is that the income out of the agricultural property is merely sufficient for maintenance of the members of the family and, therefore, it cannot be said that the appellant is having sufficient means to satisfy the decree and in the absence of any proof he cannot be directed to be sent to jail.