DAULAT RAM Vs. DHAPI

JUDGEMENT

(1.) DAULAT Ram petitioner seeks the quashing of the order dated 3.2.1990, Annexure P1, passed by the learned Additional Chief Judicial Magistrate, Sirsa, directing the issue of non-bailable warrants against the petitioner and the subsequent proceedings taken thereon and also the order dated 17.4.90, Annexure P2, passed by the Additional Sessions Judge, Sirsa.

(2.) SMT . Dhapi respondent No. 1 is the wife and Prem (minor) is the daughter of the petitioner. They are seeking the execution of an order under section 125 of the Criminal Procedure Code for realising the maintenance amount due. A total amount of Rs. 11,700/- had been claimed The Additional Chief Judicial Magistrate issued a notice of the execution petition and the respondent husband filed objections. The Additional Chief Judicial Magistrate, however, without determining the objections, and resorting to attachment of the property, ordered the arrest of the husband for realising the arrears of maintenance allowance.

(3.) THE execution petition shall proceed for effecting recovery through attachment and sale of the property of the petitioner-husband. In case the whole or any part of the arrears of maintenance remains unsatisfied as a result of attachment and sale proceedings, the learned Chief Judicial Magistrate shall be at liberty to issue warrant of arrest under the Code of Criminal Procedure. Order accordingly.