Bombay High Court
Parikshit Sahebrao Thakre Thr. ... vs Poonam Parikshit Thakre on 13 February, 2023
Bench: G. A. Sanap
-1- 7.WP.546.2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 546 OF 2022
Parikshit Sahebrao Thakre
Vs.
Poonam Parikshit Thakre
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S.P. Bhandarkar, Advocate for the Petitioner.
Mr. J.J. Chandurkar, Advocate for the Respondent.
CORAM : G. A. SANAP, J.
DATED : 13th FEBRUARY, 2023.
Heard learned advocates for the parties. Perused the
record and proceedings.
02] The challenge in this petition is to the order dated
16th July, 2022 passed by the learned Judge of the Family
Court, Amravati, whereby the learned Judge was pleased to
issue arrest warrant against the petitioner on his failure to show
cause to the notice issued to him and deposit of Rs.2,40,000/-.
This order was passed on an application made by the
respondent in an execution proceeding bearing No.23/2019,
pending on the file of the learned Judge of the Family Court,
Amravati. The execution proceeding is filed seeking execution
of decree dated 26th July, 2019 passed in Hindu Marriage
Petition No.166/2018. The dispute mainly pertains to the
recovery of the amount. There was failure on the part of the
petitioner to pay the decreetal amount. Therefore, the
respondent applied for issuance of arrest warrant against him. A
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show cause notice was issued to him by the Court. The
petitioner (judgment debtor) failed to file the reply to the show
cause notice. Therefore, the learned Judge was constrained to
pass the order to issue the arrest warrant against the petitioner
(judgment debtor).
03] The learned advocates for the parties submit that this
matter can be disposed of with direction to the learned Judge of
the Family Court to grant an opportunity of filing reply to the
show cause notice and then decide the matter in accordance
with law.
04] Perusal of the order and the nature of the proceeding
would show that this arrest warrant was issued for detaining the
petitioner in civil prison. It needs to be stated that in civil
proceeding, the judgment debtor can only be sent to the civil
prison.
05] The learned advocate for the respondent-wife
submits that the order dated 16th July, 2022 may be set aside,
subject to granting liberty to the petitioner-husband to file a
reply to the show cause notice, within 15 days.
06] In view of this, the order dated 16th July, 2022
passed by the learned Judge of the Family Court, Amravati to
the extent of issuing arrest warrant is set aside.
07] The petitioner-husband shall file his reply to the
show cause notice, within 15 days from today. If he fails to file
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the reply, then the learned Judge would be at liberty to pass the
order in accordance with law. If the reply is filed to the show
cause notice issued by the Court, then the said issue be decided
within 10 days.
08] The learned Judge of the Family Court shall ensure
that the execution proceeding is disposed of expeditiously and
at the earliest.
09] The petition is disposed of accordingly. Pending
applications, if any, stand disposed of.
(G. A. SANAP, J.)
Vijay
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:15.02.2023 11:28
