DHAPU Vs. OM PRAKASH

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioners challenging the order dated 4.1.2012 passed by the learned Additional Sessions Judge, Sojat in Cr.Revision No.107/11, whereby the learned revisional Court has reversed the order dated 18.10.2011 passed by learned ACJM, Sojat in Cr. Case No.174/11.

(2.) The petitioners being applicants in the court below had filed an application against the respondent No.1 and were awarded maintenance under Sec. 125 Crimial P.C. An application for recovery of the arrears was moved on behalf of the petitioners and the learned Magistrate directed that the respondent No.1 should pay the arrears of Rs.85,500.00 by order dated 18.10.2011. The said order upon being challenged by the respondent No.1 in revision has been reversed by the learned Additional Sessions Judge, Sojat by his order dated 4.1.2012. Hence, the instant misc. petition before this Court.

(3.) Learned counsel for the petitioners placed reliance on a decision of Honourable the Apex Court in the case of Shantha @ Ushadevi and Anr. Vs. B.G.Shivananjappa reported in 2005 (2) Civil Court cases 430 (S.C.) : 2005 (2) Criminal Court cases 66 (S.C.) : AIR 2005 SC 2410 and submits that one application filed by the claimants can be considered to be sufficient for directing recovery of the complete amount of arrears. He submits that the destitute wife and children cannot be forced to run for piller to post for having executed the order of maintenance. The person against whom, the order has been passed, cannot be permitted to take recourse to technical objections for avoiding the execution of the maintenance order.