PRATIMA MUSAMMAT Vs. GOURANGA SAHU

JUDGEMENT

(1.) THIS is a petition in revision against the order of the Sub divisional Magistrate, Angul, dismissing the VOL. XXIX application by a Hindu wife under Section 488(3) Code of Criminal Procedure for enforcing an order for maintenance passed against her husband (opposite party) in 1961. In C.P. III Case No. 21/171 T of 1951 the opposite party was directed to pay monthly maintenance of Rs. 15/ - (Rs. 12/ - for the Petitioner and Rs. 3/ - for her daughter Kesini). Several executions had been taken in the past and the application under challenge was filed en 18 -4 -1962 for realisation of arrear maintenance amounting to Rs. 180/ - for the period of one year from 16 -4 -1961 to 16 -4 -1962. The opposite party objected saying that he was ready and willing to maintain her and that consequently execution should not proceed.

(2.) IT is an admitted fact that the Petitioner is the second wife of the opposite party. The first wife is alive and it is not denied that she is living with the opposite party. The Petitioner refused the offer of the opposite party relying on the second paragraph to the first proviso to Sub -section (3) of Section 488 Code of Criminal Procedure which runs as follows:

(3.) THE revision is allowed, the order of the lower court is set aside and that Court is directed to issue a warrant for realisation of arrear maintenance due at the rate of Rs. 12/ - (rupees twelve only) and take further steps permitted by law for recovery of the same.