RENUKA PAUL Vs. DHIRENDRANATH PAUL

JUDGEMENT

(1.) This is a reference by Sri P. Dutta, Additional Sessions Judge, Second Court, Alipore under Section 438 of the Code of Criminal Procedure recommending that an order dated 1st November, 1972, passed by Sri C. D. Chatterjee, Magistrate 1st Class, Alipore ordering attachment of Rs.150/- from the pay of the second-party and also issuing the said order on the State Government, the employer of the second party, to remit the amount to the court by the 15th of every month in a proceeding under Section 488 being case No. M 656 of 1966/T.R. 571 of 1970, may be set aside.

(2.) The facts leading on to the Reference are short and simple. An order of maintenance was passed under Section 488 of the code of Criminal Procedure in favour of the first party Smt. Renuka Paul at the rate of Rs.75/- per month. The order was passed against the second party Dhirendra Nath Paul with effect from 22nd December, 1966. The second party however made default in payment to the extent of Rs.2700/- from October, 1969, to September, 1972. The learned Magistrate, therefore, issued an order of attachment of the salary of the defaulting husband to the extent to Rs.150/- per month from November 1972 and directed the Government of West Bengal, under which the husband is an employee, to remit the money to the court of the learned Magistrate by the 15th of every month commencing from 15.11.72. A revisional application was taken therefrom to the learned Sessions Judge, Alipore by the second party Dhirendra Nath Paul and Sri P. Dutta, Additional Sessions Judge, Second Court, Alipore ultimately made the Reference referred to above.

(3.) Mr. Chaitanya Chandra Mukherjee, Advocate, with Mr. Susil Kumar Dutta, Advocate, appeared in support of the Reference on behalf of the second party Dhirendra Nath Paul. Mr. Barindra Nath Roy, Advocate appeared on behalf of the State and supported the Reference. Nobody appeared on behalf of the first party, wife.