AVTAR SINGH RATHORE Vs. ASHA RATHORE

JUDGEMENT

(1.) The learned counsel for the petitioner has stated that learned Addl. District Judge ( Fast Track Court) under Section 24 of the Hindu Marriage Act 1955( for short Act) has allowed the maintenance at the rate of Rs.2000/- per month in favour of respondent No.1. In Section 125 Cr.P.C. proceedings learned Judicial Magistrate Ist Class, Court No.IV, Shimla has allowed maintenance at the rate of Rs.5000/- per month in favour of both the respondents. The respondents filed execution petition to execute the order passed by learned Judicial Magistrate Ist Class under Section 125 Cr.P.C.

(2.) In the execution petition an objection was taken that the maintenance amount allowed by learned Addl. District Judge (Fast Track Court) in Section 24 Cr.P.C. proceedings may be adjusted and the remaining amount may be ordered to be paid to the respondents. The learned Judicial Magistrate rejected the contention of petitioner on 27.1.2011 in Case No.215-4 of 2010/09. Thereafter learned Judicial Magistrate had issued warrant of attachment of the property of petitioner. It has been contended by learned counsel for the petitioner that the order passed by learned Judicial Magistrate on 27.1.2011 and action taken by learned Judicial Magistrate for attaching the property of the petitioner in pursuance of order dated 27.1.2011 may be set aside.

(3.) The order dated 6.7.2012 passed by learned Addl. District Judge ( Fast Track Court), Shimla in case No.26-S/3 of 2007 under Section 24 of the Act has become final so also order passed by learned Judicial Magistrate Ist Class on 18.1.2006.