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1986 Supreme(Mad) 314

DAVID ANNOUSSAMY
Sardar Beg Sahib – Appellant
Versus
Sidhani Bi – Respondent


Advocates Appeared:P. E. Venkataraman, Advocate.

Judgment :-

This is a revision by the husband against the order issuing a warrant for recovering the amount due by him by way of arrears of maintenance in the manner provided for levying fines. The two grounds urged before me by the learned counsel for the revision petitioner are (1) The warrant in case can be issued only for arrears of 12 months and in the present case, the warrant has been issued for arrears of 51 months, and for this reason, the warrant was void. (2) Before issuing the warrant, the court should have given him notice to show cause why he has not complied with the order of maintenance.

2. In this case, the petition for maintenance was filed by the wife, the respondent herein, in the year 1978. It was numbered as M.C. 127 of 1978 and the learned Sub-Divisional Judicial Magistrate. Ulundurpet, passed an order granting maintenance to the tune of Rs. 100/- per mensem by order dated 19-10-1978. There was an appeal by the husband, and that appeal was disposed of on 16-10-1980 in Cr. App. 115 of 1978 confirming the order of the learned Magistrate. On 24-2-1981, the wife filed a petition under S. 128 Cr.P.C. praying the Magistrate court to take action for collection of the






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