JUDGMENT

N.D. Venkatesb, J. - The respondent is the wife of the petitioner. She obtained an order in C.M.C. No 4/82 on the file of the J.M.F.e. Gouribidanur under section 125 of the Cr. P.C. for monthly maintenance at the rate of Rs. 200.

2. Since the husband is said to have committed default in paying the monthly maintenance she has applied to the court under section 125 (3) of the Code for recovery of the amounts due. By the impugned order the learned Magistrate, over-ruling the objections of the husband, has directed attachment of the salary payable to the husband by the State Government. It. may be noted that he is an employee under the State Government and is working as a Forest Guard in the Department of Forests.

3. Sub-section (3) of section 125 of the Code provides that "if the person concerned fails without sufficient cause to comply with the order" the Magistrate may..." issue a warrant for levying the amount due in the manner provided for levying fines..."

4. The levy of fine is provided for in Sec. 421 and the other allied provisions of the Code section 421 of the Code reads:

"Warrant for levy of fine: (1) When an offender bas been sentenced to pay a fine, the court pas