Jharkhand High Court
Etwari Mian vs Amina Biwi on 10 May, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Rev. No. 544 of 2020
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Etwari Mian ...... Petitioner
Versus
Amina Biwi ...... Opp. Party
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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD
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For the petitioner : Mr. Vishal Kr. Trivedi, Advocate
For the O. P. : Mr. Kamdeo Pandey,A.P.P.
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I.A. No. 6508 of 2021
08/10.05.2022 Heard learned counsel for the petitioner and learned
counsel for the opposite party.
2. The I.A. No. 6508 of 2021 has been filed by the petitioner
under Section 5 of the Limitation Act for condoning the delay of 3
days in filing the Criminal Revision No. 544 of 2020.
3. This Criminal Revision Application has been filed against
the judgment dated 19.02.2020 passed by learned Principal Judge,
Family Court, Giridih in Original Maintenance Case No. 103 of
2015 passed under Section 125 of the Cr. P. C. whereby the
learned Court below has allowed the application of the opposite
party and directed the petitioner to pay Rs. 10,000/- per month to
the opposite party and also ordered that the maintenance amount
will be payable by 10th of each succeeding month and the
maintenance amount will be payable from the date of filing of
application i.e. 20.04.2015 and further directed to pay a sum of Rs.
3,000/- (Rupees Three Thousand) to the opposite party as
Litigation Cost.
4. It has been submitted by the learned counsel for the
petitioner that as per stamp reporting there is delay of 3 days in
filing the present Criminal Revision Application. It is submitted
that when the petitioner came to know about the order dated
19.02.2020 passed by the learned Principal Judge, Family Court,
Giridih, he met his counsel for legal opinion and after getting all
the relevant papers and documents and after careful study of the
same, the present Criminal Revision has been filed on 08.07.2020
and as such, delay of 3 days in preferring the instant Criminal
Revision Application may be condoned.
5. Learned for the opposite party has opposed the limitation
petition
6. Having gone through the averments made in the instant
Interlocutory Application and by taking lenient view, the delay of
3 days in preferring the instant Criminal Revision Application is,
hereby, condoned.
7. I.A. No. 6508 of 2021 stands allowed and disposed of.
Cr. Rev. No. 544 of 2020
Learned counsel for the opposite party has submitted that
he has filed vakalatnama today and prays for time to file counter
affidavit.
2. Call for the scanned copies of the Lower Court Records.
3. Learned counsel for the petitioner has further submitted
that stay the proceeding of Execution No. 02 of 2022 so that the
petitioner may not be arrested.
4. Learned counsel for the opposite party has opposed the
prayer by submitted that till date, the petitioner has not paid
anything to her.
5. It transpires from the impugned judgment that the learned
Court below had directed to pay Rs. 10,000/- per month to the
opposite party- Amina Biwi from the date of filing of the
application i.e. Original Maintenance Case No. 103 of 2015.
6. Considering the plight of the opposite party-Amina Biwi,
the petitioner is directed to pay Rs. 1,75,000/- by preparing the
demand draft in the name of the opposite party- Amina Biwi
within four weeks from today.
7. Put up this case on 09.06.2022.
8. On that day, learned counsel for the petitioner must file
the demand draft of Rs. 1,75,000/- in the name of the opposite
party- Amina Biwi before this Court.
9. Opposite party-Amina Biwi is also directed to physically
present before this Court to receive the demand draft of Rs.
1,75,000/- .
10. Considering the Undertaking given by the learned counsel
for the petitioner before this Court, further proceeding of
Execution Case No. 02 of 2022 shall remain stayed till 09.06.2022
on filing of demand draft of Rs. 1,75,000/- in the name of the
opposite party- Amina Biwi.
(Sanjay Prasad, J.)
Kamlesh/
