High CourtsSingle Bench(2018) 03 CHH CK 0294

CHINMAY DAS vs SMT. MALOVIKA DAS

Chhattisgarh High Court · Decided on 26 March 2018

HON’BLE JUDGES
ARVIND SINGH CHANDEL
RESULT
Disposed Of
CASE NUMBER
Criminal Revision No.1047 of 2017

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Judgment

15 paragraphs · 289 words
1.

The revision is listed for hearing on admission. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.

2.

This revision has been preferred by the Applicant/husband against the order dated 12.10.2017 passed in M.J.C. No.381 of 2017 by the Additional

Principal Judge, Family Court, Bilaspur. While allowing the application under Section 126(2) of the Code of Criminal Procedure preferred by the

Applicant/husband, the Family Court has imposed some condition upon the Applicant/husband regarding payment of some part of arrears of

maintenance.

3.

The Respondent/wife had filed an application for grant of maintenance under Section 125 of the Code of Criminal Procedure before the Family

Court, Bilaspur in which ex parte order was passed on 22.3.2017. The Applicant/husband challenged the ex parte order by filing an application under

Section 126(2) of the Code of Criminal Procedure. Vide the impugned order dated

12.10.2017, the Family Court allowed the application preferred by the Applicant/husband, but imposed a condition upon him that he shall pay Rupees

Two Lakhs out of the arrears of maintenance within 1½ months from the date of the order. Hence, this revision by the Applicant/husband.

4.

During arguments, Learned Counsel appearing for the parties agreed that the instant revision can be disposed of with a direction to the

Applicant/husband for payment of Rupees Two Lakhs in four equal monthly installments of Rupees Fifty Thousand each.

5.

Accordingly, the revision is disposed of with a direction to the Applicant/husband that he shall pay the amount of Rupees Two Lakhs in four equal

monthly installments of Rupees Fifty Thousand each. The period of four equal monthly installments shall be effective from the date of receipt of a

copy of this order to the parties.