SANT KAUR Vs. SADHU SINGH

JUDGEMENT

(1.) This is a revision petition filed by Shrimati Sant Kaur against her husband Sadhu Singh respondent.

(2.) The facts which gave rise to this petition are as under. Petitioner Sant Kaur filed a petition under Section 125 of the Code of Criminal Procedure for the grant of maintenance to her. The trial Magistrate allowed maintenance to her at the rate of Rs. 70 per mensem. Aggrieved by the order of the trial Magistrate, the respondent filed a revision petition in the Court of Session. The learned Additional Sessions Judge Sangrur, allowed revision petition of the respondent as the came to a finding that the petitioner was not entitled to maintenance. Petitioner Sant Kaur then came up to the High Court in revision against the order of the Additional Sessions Judge. The High Court allowed the revison petition and restored the order of the learned Magistrate allowing maintenance to the petitioner at the rate of Rs. 70 per mensem.

(3.) The petitioner filed an execution application for the recovery of Rs. 5,180 as arrears of maintenance from the respondent. The learned Sub-Divisional Judicial Magistrate, Malerkotla, vide his order dated 23rd May, 1983, ordered the attachment of the penson of the respondent in lieu of the arrears of maintenance. The petitioner went up in revision in the Court of Session. The learned Sessions Judge, Sangrur, allowed the revision and came to a finding that in veiw of section 11 of the Pensions Act, 1871 , the pension of the petitioner was not attachable. Hence, this revision.