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1989 Supreme(Ker) 248

BHASKARAN NAMBIAR
Bhaskar – Appellant
Versus
Madhavikutty Amma – Respondent


Judgment :-

1. The husband against whom a decree was passed directing him to pay compensation amount of Rs.5,000/- at the time of divorce and also maintenance at the rate of Rs. 100/- to the first child and Rs.75/-to his other two children per month, is the revision petitioner. Several attempts have been made to execute the decree and realise the amount due. The attempts have been successfully resisted by the petitioner on several occasions. Originally when execution was taken, he pleaded that he had no means to pay. That defence was overruled and he was arrested. Subsequently, an application was filed for attachment of his properties, when the wife apprehended that the husband was intending to alienate his properties. Attachment was ordered. It is, however, unnecessary to refer to the further steps, taken in that execution petition, for, there was another execution petition, which was filed in the meanwhile. That executions petition was dismissed on 23-2-1980 "subject to the subsistence of the attachment". In the next execution petition, out of which this revision arises, E.P.No.89 of 1984, the husband contended that there was no attachment subsisting from 23.2.1980 and he sold th








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