AI Structured Summary
Not yet generated for this judgment
Judgment
Rule. Rule is made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
The present petition challenges the order below Exhibit 11 in Regular Darkhast No. 1 of 2024 passed by the Family Court, Buldhana. By way of said order, the application at Exhibit 11 has been partly allowed, and the Principal of Kai. Surekha Shankarsing Naik Madhyamik Ashramshala, Bokud Jalgaon, Tq. Paithan, District Chhatrapati Sambhajinagar, has been directed to deduct an amount of Rs. 30,000/- per month from the salary of the non-applicant for a continuous period of 14 months and Rs. 10,000/- in the last month, and to deposit the same towards the arrears of maintenance due to the non-applicant.
As can be seen from the record of the matter, that there were proceedings between the parties bearing Petition No. C-03/2022, which were taken up for grant of permanent alimony under Section 25 of the Hindu Marriage Act, 1955. The same proceedings came to be decided by the learned Judge, Family Court, Buldhana, vide judgment dated 16.10.2023, and the respondent therein, i.e., the present petitioner, was directed to pay permanent alimony in lump sum amount of Rs. 4,00,000/- (Rs. Four Lakhs). Since the amount of maintenance remained unpaid, the present execution proceeding bearing Regular Darkhast No. 01/2024 has been filed. The impugned order of deduction from the salary has been passed in pursuance of the said execution. As can be seen from paragraph 10, the petitioner has already challenged the judgment of the Family Court by filing Family Court Appeal No. 3017/2024, which is pending before this Court. It would, therefore, be proper for the petitioner to seek any interim stay against the order passed in pursuance of the execution of the judgment which is under challenge in the said Family Court referred to supra.
With this liberty to the petitioner, the petition stands disposed of.