Purushottam S/O Manikrao Ragit vs Kamal @ Kamini W/O Purushottam ...
2023 Latest Caselaw 1401 Bom

                             -1-           14.WP.608.2022. Judgment.odt



IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          NAGPUR BENCH : NAGPUR.

      CRIMINAL WRIT PETITION NO. 608 OF 2022

PETITIONER             :     Purushottam S/o. Manikrao Ragit,
                             Aged about 60 years, Occ. Builder,
                             R/o. Plot No. 4, Mayur Complex,
                             Amravati Road, Dattawadi, Nagpur

                                   //VERSUS//

RESPONDENT             :     Smt. Kamal @ Kamini W/o.
                             Purushottam Ragit (Ku. Kamal D/o.
                             Kashiram Pothare), Aged about 50
                             years, Occ. Household, R/o. Ayurvedic
                             Layout, Sakkardara, Nagpur.

**************************************************************
  Mr. P.V. Vaidya, Advocate for the Petitioner.
  Mr. M.P. Kariya, Advocate for the Respondent.
**************************************************************
                CORAM : G. A. SANAP, J.

DATED : 9th FEBRUARY, 2023.

ORAL JUDGMENT

Rule. Rule made returnable forthwith. The petition is

heard finally by consent of the learned advocates for the parties.

02] In this petition, challenge is to the order dated 22 nd July,

2022 passed by the Family Court No.3, Nagpur, whereby the

learned Judge of the Family Court was pleased to reject the

application made by the petitioner-husband for stay to the

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execution proceeding, filed by the respondent-wife for recovery of

the maintenance amount awarded in terms of the order dated

7th July, 2014.

03] Few facts necessary for adjudication of this petition may

be stated as under:

The Family Court, Nagpur vide order dated 7th July,

2014 had allowed the application made by the respondent-wife

under Section 125 of the Code of Criminal Procedure, 1973 (for

short "Cr.PC") and awarded maintenance of Rs.7,000/- per month

from the date of the petition i.e. 11 th September, 2012. Against this

order, the petitioner-husband had filed a revision application

bearing No.149/2014 before this Court. The said criminal revision

application was disposed of finally by this Court on 27 th August,

2019. In view of the facts brought to the notice of this Court, this

Court granted permission to the petitioner-husband to withdraw

the said criminal revision application with liberty to file an

application under Section 127 of the Cr.PC before the Family

Court for cancellation of the maintenance and consequently the

order passed by the Family Court dated 7th July, 2014.

04] In terms of the order dated 27th August, 2019, the

petitioner-husband filed an application bearing No.47/2019 under

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Section 127 of the Cr.PC for cancellation of the maintenance

awarded to the respondent-wife. The respondent-wife has filed

reply and opposed the said application. I am informed that the said

application is now posted for cross-examination of the petitioner-

husband. The learned advocates for the parties further submit that

the application made by the petitioner-husband under Section 127

of the Cr.PC can be disposed of within three months.

05] During the pendency of application filed under Section

127 of the Cr.PC, the petitioner made an application at Exh.21 and

prayed for stay to the execution proceeding, filed by the

respondent-wife for recovery of the maintenance awarded in her

favour, as per the order dated 7 th July, 2014. The learned Judge

granted an opportunity of hearing to the parties. The learned Judge

for the reasons recorded in the order dated 22 nd July, 2022, was

pleased to reject this application.

06] The petitioner-husband has come before this Court by

challenging this order. It is to be noted that, as on today, the order

awarding the maintenance has not been stayed. The learned

advocates for the parties submit that considering the nature of the

dispute, this petition can be disposed of by giving direction to the

petitioner-husband to deposit 50% arrears of maintenance in terms

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of the order dated 7th July, 2014, within 15 days from today. The

learned advocates for the parties further submit that in view of the

peculiar facts of the matter, the Trial Court may be requested to

expedite the hearing of the application. In my view, the

submissions are fair and reasonable. This petition can, therefore, be

disposed of in terms of the submissions made by the learned

advocates for the parties. The disposal of the petition in view of the

above terms, would meet the ends of justice and advance the

interest of both the parties.

07] Accordingly, the petitioner-husband is ordered and

directed to deposit 50% arrears of maintenance in terms of the

order dated 7th July, 2014, within 15 days from today. The

respondent-wife is granted liberty to withdraw the said amount, if

deposited by the petitioner-husband. However, considering the

nature of the dispute between the parties, the respondent-wife shall

furnish an undertaking to the Court that, if the order granting

maintenance is cancelled, then she will deposit the amount of the

arrears of maintenance paid to her, within 15 days from the date of

the said order. Therefore, subject to furnishing an undertaking, she

is allowed to withdraw the amount.

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08] It is made clear that, if the respondent-wife succeeds in

the proceeding, the petitioner-husband shall deposit remaining

50% arrears of maintenance, within 15 days from the date of the

said order.

09] It is further made clear that, if there is failure on the part

of the petitioner-husband to deposit 50% arrears of maintenance as

ordered by this Court, then the respondent-wife would be at liberty

to proceed further with the execution proceeding.

10] The learned Judge of the Family Court is requested to

dispose of the application, within three months from today.

11] The parties shall appear before the learned Judge of the

Family Court on the fixed date given in the matter, which is

4th March, 2023.

12] The petition stands disposed of in above terms.

(G. A. SANAP, J.)

Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:10.02.2023 17:48