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Judgment
R. Basant, J.—The petitioner has suffered an order u/s 125 Code of Criminal Procedure obliging him to pay maintenance to his wife and child. That order is challenged in an R.P.F.C before this Court, it is submitted. That R.P.F.C is filed along with a petition for condonation of delay. Orders have not been passed in that application for condonation of delay or the R.P.F.C, it is urged.
In the meantime, the respondents have initiated steps for execution of the order passed u/s 125 Code of Criminal Procedure Admittedly no orders of stay have been passed by the R.P.F.C Court in the matter.
It is further submitted that after the order was passed in Section 125 Code of Criminal Procedure proceedings, the wife has gone abroad and the petitioner has subsequently filed an application u/s 127 Code of Criminal Procedure. That petition is also pending before the court below.
At this juncture, the petitioner has come to this Court. What is his grievance? The learned Counsel for the petitioner submits that execution may not be permitted to proceed before the disposal of the R.P.F.C and the petition now filed u/s 127 Code of Criminal Procedure.
Admittedly the petition u/s 127 Code of Criminal Procedure is for a period subsequent to the period for maintenance during which execution is claimed in the maintenance order. Therefore the prayer to stay the proceedings in the execution petition awaiting disposal of the petition filed u/s 127 Code of Criminal Procedure is without any merit.
If the petitioner wants to pray for stay of the proceedings pending disposal of the R.P.F.C, he should do that by filing a proper application before the court, before which the R.P.F.C is pending. We find no merit in a separate and different O.P(F.C) being filed seeking that relief.
We are, in these circumstances, satisfied that there is no merit whatsoever in this petition. This petition is accordingly dismissed.
We do however make it clear that the dismissal of this petition will not in any way fetter the petitioner''s option to seek appropriate direction from the Bench before which the R.P.F.C is pending.