G.S.CHAHAL
Avtar Singh – Appellant
Versus
Kamlesh – Respondent
G.S.Chahal, J.
1. Smt. Shila respondent, for herself and as natural guardian and mother of her 4 minor children, brought proceedings under Section 125 of the Code of Criminal Procedure against Avtar Singh petitioner, her husband. The learned Judicial Magistrate 1st Class, Patiala, vide his order dated 27.9.1989 allowed this application and granted maintenance. Revision was filed and the learned Additional Sessions Judge, Patiala, vide his order dated 12.10.1989, granted partial stay of payment of maintenance. The order is reproduced as follows :
"12.10.1989 : Present counsel for the petitioner. Received by entrustment. Beregistered, Heard. Admitted. Notice to the respondents. On P.F. Lower Court record be summoned for 10.1.1990. Till then recovery of arrears is stayed. But the petitioner shall be going on deposit the future arrears by 7th of succeeding month. Sd/- H.S. Mander, Addl. Session Judge, Patiala"
2. The petitioner did not comply with this order and faild to make payments, as directed by the learned Additional Sessions Judge. On 11.6.1990 the respondents 1 to 5 filed an application Under Section 128 Cr.P.C. for enforcement of the order of maintenance-dated 27.9.193
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