BALDEVI Vs. RAMNATH

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge of Jaipur, and has arisen in the following circumstances.

(2.) SHRIMATI Baladevi obtained an order Under Section 488, Cr. PC on 12-1952, from a Magistrate, by which she was allowed Rs. 30/-per month as maintenance allowance from her husband Ramnath. On 283-1952, she applied for execution with respect to one month's amount due to her. She also prayed that Ramnath's salary, which is payable every month by the Superintendent, Divisional Telegraph Office, Ajmer, might be attached and he might be asked to send Rs. 30/- per month to her. A notice was issued to Ramnath, and he objected that this procedure could not be employed for the realisation of maintenance amount granted Under Section 488. That objection was upheld by the Magistrate, and the application was dismissed.

(3.) THEREUPON, Shrimati Baladevi went in revision to the Sessions Judge who has disagreed with the view taken by the Magistrate, and has made this reference.