Judgement

NARASIMHAM, C. J. :- This is a petition by a Hindu husband against an order dated 17-1-1953, of Shri N.V.R. Murty. First Class Magistrate of Dasapalla directing the sale of the petitioners paddy in enforcement of an order for payment of maintenance to his wife, passed against him by another Magistrate.

2. The admitted facts are as follows : The original order under S. 488(1), Criminal P.C. directing the petitioner to pay a monthly maintenance of Rs. 30/- to his wife (opposite party) was passed by Shri P. Rama Rao, Magistrate, First Class, Dasapalla, on 6-5-1953. The opposite party took steps for enforcement of that order, but subsequently on 20-8-1953 did not press for the same saying that she was reconciled with her husband.

Prom 20-8-1953 the two began to live together. But on 14-6-1954 the opposite party left her husband for the second time and went away to her fathers place. Then, on 30-7-1954, she applied to the Court for realisation of the arrear of maintenance due to her, from the date on which she left her husband for the second time and began to live separately. Notice was issued to the petitioner under Sub-S. (3) of S. 488, Criminal P.C., and he objected to the enf