KARAM SINGH Vs. MOHINDER KAUR @ MALKIAT KAUR

JUDGEMENT

(1.) THE facts of the case are as under : This order will virtually dispose of this Criminal Revision Petition No. 90/48 of 1973 and the other connected Criminal Revision Petition No. 89/49 of 1973 arising from order passed on 30 8.73. by Shri G. C. Suman, learned Judicial Magistrate Ist Class, Ludhiana whereby he rejected the present petitioner's two applications moved by him under section. 488 -sub -sec. (3) read with sub -sec (5), Criminal Procedure Code, in the proceedings for execution launched against him the present respondent.

(2.) SHORTLY stated, the facts of the case leading to these two Criminal Revision Petitions, are that on 5 -8 -1971, Shri S. C. Gupta then learned J. M. I. C., Ludhiana, awarded to Mohinder Kaur applicant respondent, maintenance at Rs. 50 per mensem from her husband Karam Singh, respondent petitioner, in her application for maintenance under Section 488. Cr. P. C. She received from him maintenance upto 4.4 -1972 under that order. On 21 -12 -72, she moved application for execution for recovery of arrears of maintenance due to her from the present petitioner since 4 -4 -1972. Warrant for levy was issued. The present petitioner resisted the execution by putting in objection application under section 488 sub -sec. (3) read with sub -sec. (5) Cr.P. C. on 16.7 -1973, whereby he offered to maintain the present respondent on the condition of her living with him and requested for cancellation of the order of maintenance passed in his favour the meantime, the present respondent had moved on 7 -6 -197 another application for execution for the recovery of arrears of maintenance for the period 4.12.72 to 6 -7 -73. In that other execution application, similar application under Section 488, sub -sec. (3) read with sub -sec. (5) was made by the present petitioner wish the same offer at prayer. Both the applications were resisted by the present respondent through her written replies.

(3.) AFTER hearing arguments on both the sides, these application were dismissed by Shri G. C. Suman, learned J. M. I. C. Ludhiana vide his single order dated 30 -8.1973. Feeling aggrieved thereby the respondent -petitioner files these two revision petitions.