( 1 ) THE applicant has come forward with a prayer that the order dated 14. 1. 1983 may be quashed. By that order the Magistrate issued a warrant of arrest under Section 125 (3), Criminal Procedure Code further giving certain directions in the manner of execution of such warrants. It is urged that the Magistrate wrongly assumed that the levy warrant is not being served, because the applicant is in collusion will the police authority. It is, further, urged that the wife is serving somewhere as a teacher and the children are 11-12 years old and the applicant is entitled to their guardianship and circumstances have changed. It is also urged that the changed circumstances have to be determined first before the amount could be realized by arrest and sending to prison under Section 125 (3) Criminal Procedure Code.

( 2 ) I have considered all these arguments. Once a maintenance decree is passed, it remains executable for the sums payable under that decree until and unless that decree is modified on a proper application under Section 127, Criminal Procedure Code. Even the order of modification will be effective only from the date such order is passed and not retrospective