- (1.) This revisional application was heard on 11th November, 2016 in the absence of any representation of the opposite parties. Till date no one turned up on behalf of the opposite party. Today this revisional application is taken up for passing final order.
(2.) This revisional application has been filed by the petitioner challenging the order dated 20th June, 2014 passed by learned Additional Chief Judicial Magistrate, Kakdwip, 24 Parganas (South) in Misc. Execution Case No. 03/2013. In that order prayer of the revisionist/petitioner for attachment of pension amount of her husband opposite party no. 2 for recovery of arrear maintenance allowance of Rs.20,000/- as awarded earlier in her favour was rejected.
(3.) Learned advocate for the petitioner submitted that learned Magistrate failed to appreciate the old age of the petitioner and illegally rejected her prayer for attachment of her husband's pension. In this revisional application petitioner has prayed for setting aside the impugned order dated 20.06.2014. Learned advocate also submitted that the provisions of Chapter - IX of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) relate to maintenance of weaker section of the society and said chapter provides for beneficial legislation. He further submitted that proceedings under that chapter are quashi - civil in nature and in the absence of any prohibitory provision in Cr.P.C. the principle of attachment of salary as per Code of Civil Procedure may be followed.;