CAPT VATSA Vs. NAMRATA VATSA

JUDGEMENT

(1.) This revision is directed against the order dated February 28, 1997 passed by the learned Ist Addl. District Judge, Jammu in execution petition filed by the respondents against the petitioner. The petitioner is the father of the respondents, who are minors and they had filed the execution for the realization of the arrears of maintenance allowance. This maintenance allowance was granted to the respondents in a proceedings initiated by them under Section 20 of the J. and K. Hindu Adoptions and Maintenance Act. The Court had in an ex parte order granted the maintenance allowance. The petitioner herein has filed the application for setting aside the ex parte decree which is pending in the executing Court.

(2.) In terms of the impugned order dated 28-2-1997, the executing Court has attached Rs. 25,000/- from account No. J/2/13109 which is a pension account of the petitioner. It is also stated that earlier the executing Court on 26-8-1996 had also attached from this account an amount of Rs. 28006.50 as arrears of maintenance and the petitioner on 8-7-1997 came to know that the same has been disbursed to the respondents. Prayer has been made that order dated 28-2-1997 may be quashed and direction may be passed to the respondents to refund the amount of Rs. 28006.50 which they have received.

(3.) The counsel appearing for the respondents has contended that respondents are minor daughters of the petitioner, who is not giving them the maintenance allowance granted by the Court and they have been forced to file the execution petition and in terms of the order dated 28-6-1996 earlier arrears were recovered and now further arrears had accrued and in terms of the order dated 28-2-97 a sum of Rs. 25,000/- was attached by the executing Court from the pension account of the petitioner which is being maintained in the Bank.