MEHMOOD AHMAD KHAN Vs. KUBRA BEGUM

JUDGEMENT

(1.) Warrants in terms of Sub-Sec. (3) of S.488, Cr. P.C. were issued against the petitioner-husband in an application filed by his wife and children for the enforcement of the order of trial court dated 27-1-1988. Aggrieved by the issuance of the aforesaid order, a revision petition was preferred before the learned Sessions Judge, who vide his order of reference dated 31-12-1988 has recommended that the order passed by the executing court may be set aside.

(2.) I have heard the learned counsel for the parties and have perused the record.

(3.) Mr. Salaria the learned counsel for the petitioner herein has referred to the provisions of Sub-Sec. (3) of Sec. 488, Cr. P.C. to urge that the process in terms of the aforesaid Sub-Sec. could not have been resorted to against the petitioner without issuing him a notice to show sufficient cause for noncompliance of the order of maintenance passed against him. It is submitted that in all cases the executing Magistrate is under an obligation to issue a notice to the husband or the father as the case may be before resorting to the issuance of warrant or process for the recovery of the amount alleged to have not been paid. Mr. Salaria has referred to AIR 1959 Allahabad 566, AIR 1966 Mysore 176, AIR 1952 Madh Pra 53 in support of his contention. The learned Sessions Judge has also held that a warrant for levy of amount due can be issued only if the person ordered to pay the amount fails to show the sufficient cause for non-compliance of the order, which can be ascertained only after the issuance of notice of show cause to him.