HYDER ALI Vs. MUSTT RAGIA BEGUM

JUDGEMENT

(1.) This Criminal Revision is directed against the order passed on 7-11-1992 and directions for attachment of salary of the petitioner passed in case No. 82/81, under Section 125. Cr. P.C. Heard learned counsel for the petitioner. None appears for the respondent.

(2.) On 24-10-1981, the respondent Mustt. Ragia Begum filed an application under Section 125, Cr. P.C. claiming for maintenance for herself and her minor children. As the petitioner husband did not contest the proceeding in spite of receipt of notice, the learned Trial Court by Order dated 13-1-1982 directed the petitioner to pay the monthly maintenance of Rs. 2,00/- to the applicant Ragia Begum.

(3.) As per the order the amount of maintenance was deducted from the salary of the petitioner who is the Government servant and from 1982 to 1985 respondent was paid the maintenance by deducting the amount from the salary. Since July, 1985 maintenance was not paid and on the prayer of the respondent warrant of arrest and fresh order of attachment of salary of the petitioner were issued and hence the present revision.