Madhya Pradesh Court December 1949 Judgments

Hari Narayan Vs. Mt. Rani Devi

Court: Madhya Pradesh

Reported in: 1952CriLJ574

ORDERDixit, J.1. This is an application in revision from an order of the Sessions Court Raj Garh refusing to make a reference to this Court for setting aside the order dated 22.6.49 of Sub-Divisional Magistrate, Panchhor in certain maintenance proceedings. On 20th June 1947, the applicant Hari Narayan was directed by the Sub-Divisional Magistrate, Sarangpur to pay maintenance to his children and wife Mt. Rani Devi. The order of maintenance passed by the Sub-Divisional Magistrate was affirmed by the Dewas (Junior) High Court with slight modification. The applicant did not pay the maintenance ordered for the period from 6.5.48 to 28.3.49 and on 31.3.49, Mt. Rani Devi applied to the Sub-Divisional Magistrate, Pachhor to enforce the order under Section 488(3), Criminal Procedure Code. The applicant objected to the execution of the order on the ground that his wife Mt. Rani Devi, without sufficient cause refuses to live with him. The Sub-Divisional Magistrate took the view that it was not o...