KARULAL Vs. KANTIBAI

JUDGEMENT

(1.) THIS is an applications filed under Section 482 Cr. P.C.

(2.) FACTS stated in brief are that the non -applicant had filed an application registered as MJC No. 21/83 under Section 125 Cr. P.C. in the Court of Judicial Magistrate, First Class, Ratlam on 24 -1 -1983. By order dated 3.6.1985, the Court had accepted this application and granted allowance of maintenance at the rate of 200/ - per month payable from the date of application. The revision preferred against this order dated 3.6.85 was dismissed and as such this order had attained finality. Thereafter, the non -applicant initiated the proceeding for the enforcement of the aforesaid order. On non -payment, the applicant was also sent to Civil Jail for some time. At present he is out of jail.

(3.) IT is urged that the applicant has paid Rs. 4,800/ - on the basis of directions issued by this Court on 9 -5 -1991. It is, thus, luculent that no payment has been made despite lapse of two years from such direction. Parties submit that level of arrears by now, even after taking into account the aforesaid payment is in the vicinity of about Rs. 20,000/ -, his itself justifies grant of at least breathing time even at this distance of time so as to soften the rigour of the accumulated liability. The object behind such proceedings is to move in the direction of securing payment rather imposing penalty. Even detention in jail is one of the modes of enforcement but generates disability to make arrangement.