Decided on November 16,1979

MATHA Appellant
KAULA Respondents


- (1.) This application is preferred by the Petitioner-husband against the Respondent-wife under Article 227 of the Constitution of India read with Sections 397 and 401 of the Code of Criminal Procedure challenging the order of the Sub-Divisional Judge, Theog, dated 30-11-1978, by virtue of which he has issued a warrant for the levy of Rs. 5172.42 as being the arrears of maintenance about the Respondent-wife by attaching the movable properties of the Petitioner-husband.
(2.) Short facts of the case which form the background of this application are that the Respondent Smt. Kaula, claiming to be the wife of tile Petitioner, filed an application for obtaining maintenance for herself and her son under Section 488 of the Code of Criminal Procedure, 1898, on 10-8-1973. This application was flied before Nyaya Panchayat of the village Jais situated in Tehsil Theog under Section 203(2) of the Himachal Pradesh Panchayati Raj Act, 1968, which at the relevant time was in the following terms: Application for maintenance under Section 488 of the Code of Criminal Procedure shall be heard and decided by the Nyaya Panchayat. A Nyaya Panchayat may grant a maintenance allowance not exceeding one hundred rupees per month on such application without prejudice to any other law for the time being in force in this behalf. As a result of this application, the Nyaya Panchayat u1timately awarded an amount of maintenance for the Respondent-wife and her son at the rate of Rs. 90/- per month. This order is dated 25-2-1974.
(3.) Thereafter on 17-1-1975 the Respondent-wife filed execution application to obtain the amount of maintenance in arrears, but since this application was not originally filed to the Panchayat, the same was dismissed on 2-2-1978.;

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