S.K.JAIN
IFTEKHAR HUSSAIN – Appellant
Versus
HAMEEDA BEGUM – Respondent
In proceedings under Sections 125, Cr. P. C. instituted by Smt. Hameeda Begam against her husband Iftekhar, the learned Magistrate vide his order dated 31-1-78 allowed maintenance to the wife at the rate of Rs. 50/- per month and to the child of the parties at the rate of Rs. 25/- per month with effect from 1st August, 1975. Feeling aggrieved the husband preferred Criminal Appeal No. 21/1978 which was dismissed by the IVth Additional Sessions Judge, Shahjahanpur vide his order dated 8-7-78.
2. Smt. Hameeda filed an application for execution under Section 125 (3), Cr. P. C. before the Munsif Magistrate, Shahjahanpur on 9th of December, 1980 claiming that the maintenance allowance had not been paid to her with effect from 1-8-75 nor any amount had been paid to the daughter property of the husband was attached. On the ground that by virtue of provision of Section 125 (3), Cr. P. C. the Magistrate was not competent to attach the property belonging to the applicant in execution proceedings, the husband has brought this revision petition under Section 482, Cr. P. C.
3. I have heard the learned Counsel for the parties and with their help have gone through the record of the
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