BASANTA KUMAR SWAIN Vs. SUMATI SWAIN

JUDGEMENT

(1.) UPON hearing Mr. R. N. Panigrahi for the petitioner and Mr. S. Mantry for the opposite party. I find that the impugned order sentencing the petitioner to imprisonment for fifteen days or until the payment is made for non -payment of the amount of maintenance granted in favour of the opposite party in a proceeding under Section 125 of the Cr. P.C. had been passed by Mr. K. C. Patnaik, Judicial Magistrate.

(2.) FIRST Class. Baramba in violation of Section 125(3) with regard to the issue of a warrant of levy of the amount due in the manner provided for levying fines before sentencing a defaulting person to imprisonment and without taking due notice of an ad interim order of injunction passed by him in his capacity as the Additional Munsif restraining the opposite party from proceeding with the realisation of the maintenance amount in Miscellaneous Case No. 5 of 1982 arising out of Title Suit No. 9 of 1981 instituted by the petitioner as the plaintiff in which the opposite party was the defendant for a declaration that the opposite party was not his legally married. wife and was not entitled to maintenance. Such an order showing illegal exercise of judicial impropriety cannot be allowed to stand. I would allow the revision, set aside the impugned order and direct the Court below to proceed in accordance with Jaw.