PADMO Vs. SURAT RAM

JUDGEMENT

(1.) This petition was registered on the complaint received by this Court from the petitioners on the administrative side.

(2.) Respondent is the husband of petitioner No. 1 and father of minor petitioners Nos. 2 to 4. The case of the petitioners is that having been deserted by the respondent, they filed an application under Section 125 of the Code of Criminal Procedure, 1973 (Cr. P.C. in short) for grant of maintenance in the Court of Addl. Chief Judicial Magistrate, Theog on 7-5-1996, who referred the matter to Gram Panchayat, Basa, Tehsil Theog, District Shimla, on 5-6-1996 for decision. The Gram Panchayat passed order dated 6-6-1997 granting maintenance of Rs. 300.00 per month each to petitioners Nos. 1 and 2 and Rs. 200.00 per month each to petitioners Nos. 3 and 4. In all, an amount of Rs. 1000.00 per month was granted as maintenance to the petitioners.

(3.) On the failure of the respondent to pay the maintenance as per order of the Gram Panchayat, the petitioners filed an application for execution of the order dated 6-6-1997 and asked for payment of arrears of maintenance allowance amounting to Rs. 3400.00 for the period from 7-5-1996 to 7-9-1996. Despite notice served upon the respondent by the Gram Panchayat to deposit the arrears of maintenance allowance within ten days, failing which the matter would be transferred to the Judicial Magistrate Ist Class, the respondent failed to appear before the Gram Panchayat and the application for execution was sent to the Judicial Magistrate, Theog for further action showing its inability to execute its order.