Iqbalsingh Surjeetsingh Bagga vs Indderjeetkaur Iqbalsingh Bagga
2021 Latest Caselaw 7546 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                         WRIT PETITION (ST.) NO. 10970 OF 2021




     Iqbalsingh Surjeetsingh Bagga                      ....     Petitioner

             Vs.

     Inderjeetkaur Iqbalsingh Bagga                     ....       Respondent




     Mr. Ravindra Pachundkar for Petitioner
     Mr. Iqbalsingh S. Bagga, Respondent present in person.

                                         Coram : NITIN W. SAMBRE, J.

Date : 7th JUNE, 2021

P.C.:

1. Heard Shri. Pachundkar, learned counsel appearing for the

Petitioner.

2. In Execution Proceedings, wherein the order of payment of

maintenance of Rs.20,000/- awarded to the Respondent on 27th

September, 2017 is sought to be executed, in which the learned Family

Court passed following order :

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"1. The judgment debtor/husband is directed to deposit the amount due against him in both Darkhast Petition bearing No. 146/2017 and 178/2018 i.e. Rs.2,00,000/- (Two Lakhs only) within 2 weeks from today.

2. The judgment debtor/husband is at liberty to break the fix deposit of Rs.3,00,000/- which is furnished by him in Darkhast No. 178/2018 towards the security for his appearance when required.

3. In case of failure to deposit the due amount by the judgment debtor/husband as a last resort warrant for arrest of the judgment under Order 21 Rule 37 of the C.P.C. for recovery of due amount will be issued against him.

4. Parties to take note of the order."

3. The submissions are, the issue as regards the quantum of

maintenance of Rs.20,000/- is pending adjudication in another writ

petition. Apart from above, according to him, the Petitioner, who is a

senior citizen is unable to earn for about 1 ½ year, in view of pandemic

situation and that being so, is not in a position to comply with the order.

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Further submissions are fixed deposit of Rs.3.00 Lacs can be encashed

for honouring the order of payment of maintenance.

4. I have considered aforesaid submissions in the light of

reasoning given by the Family Court in the order impugned.

5. The order of payment of maintenance was passed on 27 th

September, 2017. Even if there is pendency of the petition questioning

the said order, the fact remains that for all these years, there is no

interim relief operating in favour of the petitioner and that being so, in

law he was duty bound to honour the said order.

6. In compliance with the earlier orders by the Executing

Court, even if the Petitioner has deposited an amount of Rs. 3.00 Lacs in

the form of fixed deposits, same cannot be considered in the

satisfaction of the order of award of maintenance in totality. The

Respondent cannot be made to survive on the fixed deposits which are

lying with the Court without encashment of the same.

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7. There is no legal infirmity or illegality which warrant

interference in extra ordinary jurisdiction. The petition, as such fails and

stands dismissed.

8. At this stage, learned counsel for the Petitioner submits

that the order of Family Court be stayed for a period of four weeks. I

see no convincing reason to grant such relief. The prayer is rejected.

( NITIN W. SAMBRE, J.)