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In Re: Gnanambal Ammal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1928Mad1171; (1928)55MLJ516
AppellantIn Re: Gnanambal Ammal
Excerpt:
- order1. this woman got an order for maintenance against her husband from the court of mayavaram. her husband fell into arrears as they generally do and she then went to the mayavaram court to get the order enforced. the magistrate for some reason which it is difficult to fathom said he was not going to enforce the order although it was made in his own court but she must get it enforced by the court within whose jurisdiction the husband then resided. it would be intolerable that such a burden should be put upon holders of maintenance orders. they would have to rush about the country pursuing the absconding husband, it may be, to wherever he chooses to go before the order could be enforced. we upset the order of the magistrate and direct that a warrant for the amount issue.
Judgment:
ORDER

1. This woman got an order for maintenance against her husband from the Court of Mayavaram. Her husband fell into arrears as they generally do and she then went to the Mayavaram Court to get the order enforced. The Magistrate for some reason which it is difficult to fathom said he was not going to enforce the order although it was made in his own Court but she must get it enforced by the Court within whose jurisdiction the husband then resided. It would be intolerable that such a burden should be put upon holders of maintenance orders. They would have to rush about the country pursuing the absconding husband, it may be, to wherever he chooses to go before the order could be enforced. We upset the order of the Magistrate and direct that a warrant for the amount issue.


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