JAIVIR Vs. SANTOSH

JUDGEMENT

(1.) IT is true that by virtue of Section 125(3) of the Code of Criminal Procedure and the judgment of this Court in Raj Kumar v. Smt. Krishna Kumari, 1984(2) Recent Criminal Reports 434 : 1984(2) Chandigarh Law Reporter 396 warrant of arrest cannot be issued and the party defaulting in payment cannot be sent to civil imprisonment as a matter of first resort and that necessarily resort, prior in point of time, has to be made to attach the property. That, however, in peculiar facts of this case, cannot come to the rescue of petitioner. It is conceded that petitioner has no property so that the same could be put to auction with a view to provide maintenance to respondent-wife. There is persistent default for paying the maintenance allowance to respondent-wife in the present case and remand of the case directing the Magistrate to first resort to proceedings of attachment would be an exercise in futility. Dismissed.