P.K.LOHRA,J. - (1.) Petitioner has preferred this revision petition under Section 397/401 Cr.P.C. praying therein undermentioned reliefs:- "It is therefore prayed that order dated 7-3- 14 - Annx 4 and 5 so passed by the Judge family Court Banswara and order dated 17-5-14 marked annexure 2 and 3 17/5/2014, whereby it has been decide to recover the amount from the salary of the petitioner in criminal case No184/2013 and 185/2013 Manjula v. Purshotam may kindly be quashed set aside and same be declared illegal, and the order of Gram Nayalaya Talwarea dated 18/4/2011 awarding maintenance to the non-petitioners in case No.96/2011 Manjula v. Purshotam may kindly be quashed and set aside."
(2.) The facts, apposite for the purpose of this revision petition, are that wife of petitioner, respondent No.1, and her three minor children, jointly filed a petition under Section 125 Cr.P.C. before Gram Nyayalaya, Talwada, District Banswara. In the said petition, it is, inter-alia, pleaded by respondents that petitioner has desisted them and not taking any care for their maintenance. Staking their claim for maintenance as wife and minor children, the respondents quantified maintenance amount to the tune of Rs.5,500/- per mensem. The learned Gram Nyayalaya issued notice to the petitioner but nobody appeared on his behalf, and therefore, Court proceeded ex parte against him. In support of claim, respondent No.1 herself appeared in the witness box and also examined other witness AD2 Devi Lal. After conclusion of ex parte evidence, the learned Gram Nyayalaya, by its order dated 18th of July, 2011, quantified maintenance to the tune of Rs.5,500/- per mensem and directed petitioner to pay the same. Order dated 18th of July, 2011 was neither challenged by the petitioner before appropriate judicial forum within a stipulated period of limitation nor any endeavour was made at his behest for setting aside the ex parte order by resorting to proviso to subsection (2) of Section 126 Cr.P.C.
(3.) Be that as it may, when the order was not complied with, respondents applied before Family Court for execution of the order passed by Gram Nyayalaya dated 18th of July, 2011. Learned Family Court, while treating the request of the respondents as prayer for execution, proceeded in the matter and accordingly, sent communication to Head Master, Government School, Gamela Phala, Panchayat Samiti, Aspur, District Dungarpur, where petitioner was employed. A notice to this effect was issued by the learned Family Court on 17th May, 2014 under sub-section (3) of Section 125 Cr.P.C. It is pertinent to note that execution case of respondents was transferred to Family Court from the Court of Gram Nyayalaya by the order of District and Sessions Court, Banswara. The learned Family Court also issued notices to the petitioner asking him to deposit the requisite arrears of maintenance and to pay maintenance to the respondents regularly. When the said order is not complied with, the learned Family Court was forced to issue letter dated 17th of May, 2014 to the institution where the petitioner is working.;