MOHAMMAD PASHA Vs. MUMTAZ BEGUM AND OTHERS
HIGH COURT OF ANDHRA PRADESH
Mumtaz Begum And Others
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MADHAVA REDDY, J. -
(1.) This Criminal revision petition is by the husband against an order directing him to be committed to jail for one month for having failed to comply with the order of the Magistrate directing payment of maintenance allowance to his wife awarded under Section 488 Cr.P.C.
(2.) It is contended by Mr. Mirza Munawar Ali Baig, learned counsel for the petitioner that the order is not a speaking order and does not give reasons for committing the petitioner to jail and therefore it should be set aside. The order produced by him is one closing the petition filed under Section 488(3) Cr.P.C. which was to issue a warrant for levying the amount due and for sentencing the husband for failing to pay the monthly allowance awarded under Section 488 Cr.P.C.
(3.) It is not in dispute that the order for paying monthly allowance to his wife was not complied with by the petitioner. It is also not in dispute that a warrant was issued,. What is however, contended is that before issuing a warrant, the Magistrate should have issued a show cause notice or at least should have held an enquiry and when the petitioner was brought before the Magistrate, he should have been given full opportunity to explain why he should not be punished for the default alleged to have been committed by him in the payment of arrears of maintenance allowance.;
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