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1977 Supreme(HP) 41

T.U.MEHTA
AGYA RAM – Appellant
Versus
PUSHPA DEVI – Respondent


Advocates Appeared:
H. S. Thakur, Advocate, for the petitioner. Messrs. D. P. Sud and Chhabil Dass Advocates, for the respondents.

JUDGMENT

T. U. Metha, J.—The petitioner Agya R m is the husband of respondent No. 1 Pushpa Devi and the father of two minors who are respondents Nos. 2 and 3. la proceedings under section 488 of the Code of Criminal Procedure, 1898, the respondents obtained an order of maintenance from the Court of Judicial Magistrate Kulu on 19-1-1973. By this order the teamed Magistrate granted maintenance of Rs 125 to the first respondent, the wife of the petitioner and at the rate of Rs. 50/- per month to each of the respondents Nos. 2 and 3 from the date on which the maintenance application was filed, that is from 11-9-1970.

2. The petitioner failed in providing maintenance as ordered by the Court with the result that on 10 4-1974 the respondents applied for the enforcement of the maintenance order as contemplated by sub-section (3) of section 488 of the old Code of Criminal Procedure. It appears from the enforcement proceedings undertaking before the learned Magistrate that first a warrant for the attachment and sale of movable properties belonging to the petitioner was issued, but that warrant was received back on 3-12-1974 unexecuted as no property of the petitioner was found. Thereafter pr















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