Sk. Amadulla Vs Hosneara Bibi and Another — Maintenance and Alimony | Calcutta HC (2025)

Sk. Amadulla Vs Hosneara Bibi and Another — Maintenance and Alimony | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Warrant of arrest stayed till 24th January, 2025; petitioner to pay the arrear balance of Rs.14,000/- in two equal instalments of Rs.7,000/- each (first within 7 days from date, second within 10 days thereafter), failing which the executing court may take necessary steps in accordance with law; learned Magistrate directed to dispose of the Section 125 CrPC application expeditiously, preferably within one year from the next date of hearing, without unnecessary adjournments; revisional application CRR 2374 of 2024 and CRAN 1 of 2024 disposed of.

Issue for consideration

Whether the order dated 12th April, 2023 passed by the learned Judicial Magistrate, 3rd Court, Tamluk in Misc. Case No.639 of 2019 directing interim maintenance of Rs. 2,000/- per month to the opposite party and Rs. 2,000/- per month for the child could be assailed by the petitioner (raised initially but not pressed; he instead sought expeditious disposal of the Misc. Case). +2 more

Ratio / Principle

In terms of the undertaking given by the petitioner, he shall pay Rs.7,000/- to the opposite party within 7 days from date and the remaining amount of Rs.7,000/- to her within 10 days thereafter, thereby clearing the Rs.14,000/- balance of the Rs.16,000/- arrears.

Key takeaways

In the event the petitioner fails to comply with the payment directions, the learned executing court shall be at liberty to take necessary steps against the petitioner, in accordance with law.ratio¶13
The warrant of arrest issued against the petitioner vide order passed on 9th September, 2024 by the learned Judicial Magistrate, 3rd Court, Tamluk in Misc. Case No.316 of 2023 is stayed till 24th January, 2025.ratio¶14
The learned Magistrate is directed to consider and dispose of the application under Section 125 of the Code of Criminal Procedure as expeditiously as possible, preferably within one year from the next date of hearing fixed before him, without granting any unnecessary adjournment to either of the parties.

Detailed headnote1 paragraphs

Revision CRR 2374 of 2024 (Suvra Ghosh, J.; order dated 06-01-2025): the petitioner had initially assailed the interim maintenance order dated 12th April, 2023 passed by the learned Judicial Magistrate, 3rd Court, Tamluk, Purba Medinipur in Misc. Case No.639 of 2019 (Rs. 2,000/- per month to the opposite party and Rs.2,000/- per month for the child) but did not press that attack, seeking instead expeditious disposal of the Misc. Case. Meanwhile the opposite party had filed an execution case (Misc. Execution Case No.316 of 2023) for realization of arrear maintenance of Rs.16,000/- for 12th April, 2023 to 12th August, 2023, and a warrant of arrest had been issued against the petitioner on 9th September, 2024. Having already paid Rs.2,000/-, the petitioner undertook to pay the balance Rs.14,000/- in two equal instalments of Rs.7,000/- each - the first within 7 days and the second within 10 days thereafter - failing which the executing court was declared at liberty to take necessary steps against him in accordance with law. The warrant of arrest was stayed till 24th January, 2025. The learned Magistrate was directed to dispose of the application under Section 125 of the Code of Criminal Procedure expeditiously, preferably within one year from the next date of hearing, without unnecessary adjournments. The revisional application and CRAN 1 of 2024 were accordingly disposed of.