Vinay Parvathikar vs Rashmi Ankolekar

S.Vishwajith Shetty, J

Heard the learned Counsel for the petitioner.

Petitioner has challenged the order dated 22.09.2020 and the order dated 05.01.2021 passed by the Principal Senior Civil Judge & CJM,

Chikkamagalur, rejecting his application under Section 70(2) of Cr.PC and issuing NBW against him in Crl. Misc. No.2/2018 and also to quash the

entire proceedings in the said case.

Brief facts of the case that would be relevant for the purpose of disposal of this petition are, petitioner and the respondent are husband and wife.

Their marriage was solemnized on 17.04.2006 and from the wedlock they have got a daughter who was born on 18.05.2007. Since the petitioner had

failed to maintain and take care of his wife and daughter, proceedings under Section 125 Cr.PC was filed by the respondent before the Principal Civil

Judge & CJM, Chikkamagalur, and in the said proceedings, the petitioner was directed to pay monthly maintenance of Rs.5,000/- to the respondent-

wife and Rs.3,000/- to the daughter from the date of petition till further orders. Petitioner, who is the Manager in a Company, had failed to pay the said

amount, and therefore, for recovery of the said amount, the respondent-wife had initiated proceedings in Crl. Misc. No.2/2018 and Crl.

Misc.No.28/2019. The dispute between the parties was amicably settled and the petitioner had agreed to pay a sum of Rs.11,00,000/- towards full and

final settlement on 11.10.2019. However, the petitioner failed to pay the said amount of Rs.11,00,000/- to the respondent-wife inspite of he agreeing to

pay the said amount. Therefore, the respondent had moved the learned Magistrate in Crl. Misc. No.2/2018 and NBW was issued against the

petitioner. Petitioner's application filed under Section 70(2) of Cr.PC for recalling NBW was rejected and a fresh NBW was issued. Challenging the

said order and also praying to quash the entire proceedings, petitioner has approached this Court in this petition.

When the matter was posted for admission on 25.05.2021, submission was made by the learned Counsel for the petitioner that due to lockdown

because of Covid-19, petitioner could not deposit the agreed amount before the Trial Court and that a sum of Rs.5,00,000/- would be deposited within

ten days. On the basis of the said submission, this Court had issued notice to the respondent and had granted interim order till the next date of hearing.

The matter was again listed on 11.06.2021. On the said date, submission was made that there was some difficulty to deposit the amount as ordered

on 25.05.2021 and at the request of the learned Counsel for the petitioner, a further week's time was granted. Even thereafter, the amount has not

been deposited by the petitioner. Therefore, the interim order granted by this Court was vacated.

Respondent-wife who has been served has remained unrepresented.

Learned Counsel for the petitioner submits that the petitioner was always ready and willing to pay the amount and he has already paid a sum of

Rs.1,38,000/- to the respondent. However, due to Covid-19 pandemic, the remaining amount could not be paid. Petitioner has to take care of his

mother who is aged. Petitioner's financial condition is bad, and therefore, he needs more time to pay the amount.

I have heard the learned Counsel for the petitioner and perused the material on record.

Petitioner is working as a Manager in a Private Company. The salary certificate of the petitioner which was produced in the year 2014 before the

Trial Court in Crl. Misc. No.50/2014 would go to show that as on that date, he was drawing monthly salary of Rs.38,435/-. The maintenance amount

awarded to the wife and daughter who is aged 14 years is totally a sum of Rs.8,000/- i.e., Rs.5,000/- to the wife and Rs.3,000/- to the daughter.

Though the said maintenance amount has been ordered to be paid in the year 2016 itself, the petitioner-husband who is drawing a handsome salary has

deliberately not paid the said amount. After proceedings were initiated for recovery of the said amount, he has entered into a settlement with his wife

and agreed to pay a lumpsum amount of Rs.11,00,000/- towards full and final settlement. The said settlement was entered in the year 2019, but the

petitioner-husband has failed to honour the commitment with regard to the said settlement and when the wife has now initiated the proceedings for

recovery, he has come up with this petition with a prayer to quash the entire proceedings. Petitioner who had made a submission before this Court that

a sum of Rs.5,00,000/- would be deposited, has failed to deposit the said amount. This Court had issued notice to the respondent-wife only on the basis

of such a statement made by the learned Counsel on behalf of the petitioner.

The grounds urged in the petition for quashing the orders impugned and also the entire proceedings is, that the petitioner has been facing financial

difficulties having regard to Covid-19. Petitioner has been drawing handsome salary and there is absolutely no material to show that he has not been

paid his monthly salary due to Covid-19. In the absence of such a material, there is no merit in the contention of the learned Counsel for the petitioner

that the petitioner has been facing financial difficulty. Under the circumstances, I find no reason to interfere with the orders impugned and there are

no grounds to quash the entire proceedings as prayed for. Petition is accordingly dismissed.