- (1.) Heard Learned counsel for the parties. The present misc. petition has been filed by the petitioners challenging the order dated 15.1.2008 passed by the Additional Chief Judicial Magistrate, Nohar in Criminal Misc, case No. 102/2007 whereby he has issued warrant of attachment cum warrant of arrest for recovery of maintenance amount of Rs. 48,000/-awarded in favour of the respondents.
(2.) Assailing the order impugned, learned counsel for the petitioner has submitted that the order of maintenance was passed on 12.12.2000 and a total sum of Rs. 1,000/- as maintenance allowance was ordered to be paid to the wife and four children of the petitioner. It has been submitted that the respondents filed application in the year 2001 and then in the year 2007 for recovering the maintenance allowance and the learned Magistrate by order dated 15.1.2008 issued attachment order to recover Rs. 48,000/- from the petitioner.
(3.) Counsel for the petitioner has further submitted that no attachment for the period of maintenance due beyond a period of one year could be passed in view of Section 128 Cr.P.C. It is further submitted that attachment for the period beyond one year was uncalled for.;