G.N.Prasad, J.

1. This is a husbands application arising in a proceeding under Sec. 488 of the Code of Criminal Procedure.

2. The opposite party, Smt. Ram Peari Devi filed an application under Section 488(1) of the Code before the Subdivisional Magistrate at Arrah on the 27th April, 1959. That application, after contest, was allowed on the 5th of December, 1960 and it was directed that the petitioner must pay a sum of Rs. 75/- per month to the opposite party on account of her maintenance with effect from the date of her application, namely, the 27th April, 1959. Against the said order, the petitioner moved the sessions court in revision but the revision was summarily rejected by the Sessions Judge on the 17th of January, 1961.

Thereafter on the 10th May, 1961, the opposite party filed an application for realisation of a sum of Rs. 1800.00 from the petitioner in pursuance of the order passed in her favour on the 5th December, 1960. Notice of this application having not been served on the petitioner in the ordinary course, an order for issue of distress warrant was passed against him on the 17th August, 1961. This was followed by an order of attachment of the joint family pro