DIBYENDU BHUSAN DUTTA, J.

( 1 ) THE case is taken up for final disposal of the revisional application. Heard the arguments and counter-arguments advanced by the learned Advocates for both the petitioner and the opposite party. On behalf of the petitioner affidavit of service is filed today which shows the service was effected within the time specified by my order dated 6-11-97. While admitting the revisional application I granted interim stay of operation of the impugned order dated 23-9-97 passed in M. C. Execution Case No. 28/96 in the court of 5th Judicial Magistrate, Serampure, for a limited period so far as that order directs issuance of warrant of arrest in the event of non-payment of arrear of maintenance within the date fixed by the order and the learned Advocate for the petitioner during the hearing of this petition challenged only the legality of that part of the impugned order which directs issuance of warrant of arrest in the event of default in payment of arrear maintenance allowance. On a plain reading of sub-section (3) of Section 125 of Cr. P. C. it becomes clear that in the event of any failure on the part of any person to comply with an order to pay maintenance al

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