SABARAK HOSSAIN Vs. SAHIDA KHATUN

JUDGEMENT

(1.) In this application styled as one under Section 482 of the Cr. P.C. an order dated 29.2.88 passed by the Additional Sessions Judge of Alipore in Cr. Revision No. 180/87 and affirming an order dated 30.5.87 passed by a Judicial Magistrate on a petition of the petitioner relating to a matter of maintenance under section 125 of the C. P .C. is challenged.

(2.) The relevant facts are as follows : The petitioner Sabarak Hossain was the husband of the Opposite Party Sahida Khatun. Some children had also been born of the wedlock. In May, 1983 the Opposite Party obtained as against the petitioner an order of maintenance under section 125 of the Cr. P.C. at the rate of Rs. 100 per month for herself and at the rate of Rs. 50 per month for the children. She had, however, been divorced by the petitioner before the passing of the order of maintenance. The order of maintenance was upheld by the High Court on 11.10.85 subject to some variation of the order in relation to a married daughter of the petitioner.

(3.) Since the passing of the maintenance order the petitioner paid only a part of the amount due to the opposite party. The dues that remained outstanding till March, 1986 amounted to Rs. 17,250. At the instance of the opposite party wife the amount was under process of recovery by the Magistrate and Distress Warrant was issued.