Citation : 2025 Latest Caselaw 1604 Raj
Judgement Date : 1 July, 2025
[2025:RJ-JD:28234]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4751/2025
Arun Kumar Soni S/o Shri Vimal Soni, Aged About 37 Years, R/o
Near Jai Bhawani Paan Bhandar, Old Central Jail Road, Ward
No.49, Bikaner. (Raj)
----Petitioner
Versus
Premlata Soni W/o Arun Kumar Soni, D/o Shri Ramswaroop Soni,
R/o Near Sk Jewelers Street, Sonaro Ki Third Guward, Bikaner.
----Respondent
For Petitioner(s) : Mr. Aziz Khan.
For Respondent(s) : Mr. Sri Ram Choudhary, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/07/2025
1. By way of filing the instant Criminal Miscellaneous Petition,
the petitioner has prayed for following reliefs:
"The order dated 15.05.2025 (Annex.4) and entire proceedings therein may kindly be quashed and set aside and the petitioner may kindly be ordered to release from judicial custody."
2. Learned counsel for the petitioner submits that the
petitioner, due to the reasons beyond his control, could not make
payment of monthly maintenance awarded in favour of the
respondent- Premlata Soni by the learned Family Court No.1,
Bikaner, vide judgment dated 11.07.2022. Learned counsel further
submits that if the petitioner is given one opportunity then he is
ready and willing to pay the entire outstanding amount.
[2025:RJ-JD:28234] (2 of 2) [CRLMP-4751/2025]
3. Considering the peculiar facts and circumstances of this
Court, this Court deems it just and appropriate to dispose of this
misc. petition with the following directions:
a) The petitioner shall pay Rs.30,000/- within 7 days from today.
On making payment of Rs.30,000/- by the petitioner either
directly to the respondent or by depositing the amount before the
trial court, he shall be released from prison on furnishing personal
bond of Rs.50,000/-.
b) The remaining outstanding amount shall be paid in equal
monthly installments of Rs.3,000/-, with the last installment being
Rs.5,000/- which would be in addition to monthly arrears.
c) The petitioner shall continue to pay monthly maintenance to the
respondent as directed by the learned Family Court, on or before
the 10th day of every month.
d) The petitioner shall not default in depositing the installments as
directed. In the event of any default, the learned court below shall
be at liberty to issue a warrant of arrest for recovery of the due
amount.
4. With these observations and directions, the instant
Miscellaneous Petition as well as stay petition stand disposed of.
(KULDEEP MATHUR),J 67-Tikam/-
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