Law:

Section:

Keywords: Grounds, Notice, Necessity, Show-Cause Notice, Attachment, Orders, Regular Hearing, Enforcement, High Court, Consideration, Evidence, Proceedings, Office, Set Aside, Issuance, Maintain, Parties, Condition Precedent, Permission, Failure, Warrant Of Arrest, Order, Consent, Maintenance, Sufficient Cause, Copy, Magistrate, Illegal, Remedy, Precedent, Offer, Procedure, Auction, Costs Result: Petition accepted JUDGMENT This criminal revision application arises in the following circumstances The parties are husband and wife and owing to certain personal considerations the applicant-husband during the life time of the opponent, his wife, married a second wife with her permission while the opponent continued living with him for sometime until the 7th July 1962, when she left his house without his consent or permission. This state of affairs continued until July 1964, when the opponent No. 1 under section 488, Cr. P. C. applied against the applicant for her maintenance and on the 16th of September 1964, the applicant was ordered to pay Rs. 150 per month as maintenance to this opponent from the date of her application namely the 27th April 1964 with Rs. 150 as costs. On 1-10-1964 opponent No. 1 applied under section 488, subsection (3), Cr. P. C. seeking enforcement of the order of maintenance dated the 16th September 1964 and on the same day the learned A. C. M. ordered issuance of a warrant of attachment. On the 4th November 1964, another application was filed by the opponent No. 1 on the same grounds praying for the issue of a warrant of attachment. The learned A. C. M. instead issued a bailable warrant for the arrest of the applicant in the sum of Rs. 2,000. The diary of the proceedings before the learned A. C. M. of which a certified copy has been produced here, shows that on the 19th April 1965 a bailable warrant in the sum of Rs. 2,000 was again ordered against the applicant and that on the 10th May 1965, in the presence of the opponent No. 1 the car of the applicant which had been already attached was ordered to be stored in the Nazarat office. It is admitted that later the car was auctioned, according to the applicant for Rs. 1,020 and in his absence…

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