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1991 Supreme(P&H) 320

J.S.SEKHON
Om Parkash – Appellant
Versus
Vidhya Devi – Respondent


Judgment

1. In proceedings under S. 125 of the Code of Criminal Procedure, 1973, Smt. Vidya Devi was awarded maintenance allowance at the rate of Rs. 150.00 per month for herself and Rs. 100.00 per month for her minor daughter against her husband Om Parkash from the date of application, i.e., 9-5-1984. It is not disputed that the order of the Judicial Magistrate has become final as the revision petition filed against it has since been dismissed by the Additional Sessions Judge and petition under S. 482 of the Code was also dismissed by the High Court in Cr. Misc. 4919-M of 1989. OM Parkash, husband or the father, as the case may be, failed to pay the amount of maintenance allowance to his wife and daughter which resulted in taking execution proceedings by Vidya Devi respondent against him. On 25-1-1990, Om Parkash, the husband failed to turn up before the Court of the Additional Chief Judicial Magistrate, Kurukshetra, despite service inferred from the refusal to accept service. The trial Court under these circumstances, ordered the arrest of Om Parkash, and issued conditional warrants of arrest for 16-2-1990 stating that if he pays Rs. 15,500.00 as arrears of maintenance allowance h














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