AMAR NATH Vs. PROMILA DEVI

JUDGEMENT

(1.) This revision petition is directed against the order dated 3.6.1999 in Execution Petition No. 28 of 1995 passed by the learned Additional Chief Judicial Magistrate, Amb, District Una, whereby the objections preferred by the petitioner against the execution of maintenance order against him has been dismissed.

(2.) In brief the admitted facts of the matter are that on an application under Section 125,Code of Criminal Procedure, moved by the respondents the concerned Judicial Magistrate, Amb, allowed maintenance of Rs.500/ - to respondent Raj Kumar, minor son of the petitioned An application for the execution of the said order regarding Rs. 10,500/ - on account of maintenance for the period 30.8.1993 to 31.5.1995 along with interest was preferred by the respondents on the ground that the petitioner had failed to pay the said amount.

(3.) The petitioner filed objections against the execution petition averring therein that the execution was not maintainable and a sum of Rs. 14,000/ - has been paid by the petitioner to the respondents on 6.9.1994 and that the Additional Senior Sub Judge, Dasuha, had passed an order regarding handing over of the custed of respondent Raj Kumar to the petitioner, therefore in view of such order the respondents are not entitled for amount of the maintenance from the petitioner.