High CourtsSingle Bench(2023) 03 MP CK 0067

Pawan vs Sharmila @ Pinki

Madhya Pradesh High Court · Decided on 16 March 2023

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 12065 Of 2023

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Judgment

6 paragraphs · 220 words

Vijay Kumar Shukla, J

This is an application filed under Section 482 of Cr.P.C, being aggrieved by the order dated 10/2/2023 passed by Judicial Magistrate First Class, Badwaha in MJCR No.62/2017 whereby the Court has directed the applicant to pay sum of Rs.4,92,000/- to the respondents as arrears of maintenance.

Counsel for the applicant submits that the Trial Court has committed an error in calculation. According to him, the total outstanding amount comes to Rs.12,87,000/- and out of the said amount the applicant has paid Rs.9,88,000/-and, thus, the balance amount comes only to Rs.2,99,000/- and not 4,92,000/- as directed by the Trial Court. It is further submitted that the applicant is ready to deposit the balance amount of Rs.2,99,000/-, forthwith, with the Trial Court and shall apply for correction in the calculation made by the Trial Court.

After hearing learned counsel for the applicant, the present application is disposed off with a direction to the applicant to deposit Rs.2,99,000/- towards arrears of maintenance, forthwith, with the Trial Court and after depositing the said amount, the applicant shall file an application for correction and calculation of arrears of maintenance which shall be decided by the Trial Court afresh. The applicant shall continue to pay monthly maintenance to the non-applicants.

With the aforesaid, the application is disposed off.

CC as per rules.