Allowed

Ajay Kumar Choubey v. Smt. Jyoti Choubey

Chhattisgarh HC22 Aug 2024WP227/727/2024

Case brief

AI extract

What is this about?

The High Court set aside an arrest warrant issued against the petitioner for default of interim maintenance under Section 125 Cr.P.C., directing the Family Court to recall the order given the petitioner's readiness to pay arrears and interim maintenance.

What did the court decide?

Arrest warrant recalled; petitioner directed to pay arrears of Rs. 1,17,000 in six installments within six months from September 2024 while continuing interim maintenance.

Ajay Kumar Choubey Vs Smt. Jyoti Choubey — Maintenance and Alimony | Chhattisgarh HC (2024)

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2024:CGHC:32177

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 727 of 2024

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Ajay Kumar Choubey S/o- Radhekrishna Choubey Aged About 32 Years R/o VillageeJamdi, P.S. And Tahsil- Bhaiyathan, District- Surajpur, ( C.G.).

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versus

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1 - Smt. Jyoti Choubey W/o- Ajay Kumar Choubey Aged About 31 Years R/o- VillageJamdi P.S. And Tahsil- Bhaiyanath, District- Surajpur ( C.G.). At Present R/o Village Bishunpur, P.S.- Charcha, Tahsil Baikunthpur, District- Korea, ( C.G.).

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2 - Sankar Choubey S/o Ajay Kumar Coubey Aged About 8 Years Applicant No. 2 Minor Represented Through- His Natural Guardian Mother Smt. Jyoti Choubey, W/o- Ajay Kumar Choubey, Aged About 31 Years, R/o- Village- Jamdi P.S. And Tahsil- Bhaiyanath, DistrictSurajpur ( C.G.). ... Respondents

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For Petitioner : Mr. Pushkar Sinha, Advocate. For Respondents : None.

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Digitally signed by AJAY KUMAR DWIVEDI Date: 2024.08.23 16:37:48 +0530

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SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J.

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Order On Board

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23.08.2024

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This petition has been filed being aggrieved by the order dated 30.07.2024 passed by the learned Judge, Family Court Baikunthpur Camp, District Korea in connection with Misc. Criminal Case No.63/2018, whereby, arrest warrant for imprisonment of the petitioner on account of default of maintenance amount to the respondents, was issued by the Family Court.

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Case of the petitioner is that in favour of respondents i.e. wife and child an ex parte order of maintenance under Section 125 Cr.P.C. was passed vide order dated 31.10.2018 wherein the petitioner was directed to pay Rs.6000/to respondent No.1/wife and Rs.3000/- to respondent No.2/minor child, in aggregate Rs.9000/- from October, 2018. The petitioner has challenged the said order by filing an application under Section 126 (2) Cr.P.C. in Misc. Cr. Case No.55/2019, however, the same was dismissed on 29.02.2020. Against the said order, the petitioner preferred CRR No.467/2020 before this Court, wherein, this Court vide order dated 10.01.2024 set-aside the order dated 29.02.2020 and allowed the application under Section 126 (2) Cr.P.C. which was preferred by the petitioner and matter was remitted back to the Family Court for fresh adjudication. However, the petitioner was directed to continue to pay Rs.9000/- per month as interim maintenance to the respondents till the proceeding under Section 125 Cr.P.C. is decided by the Family Court. However, on 30.07.2024 the petitioner remain absent, therefore, learned Family Court observed that the petitioner is not willing to pay maintenance amount to the respondents and issued arrest warrant against the petitioner for one month imprisonment for default of payment of interim maintenance.

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Learned counsel submits that though the petitioner is regularly paying interim maintenance amount, however, on 30.07.2024 the petitioner could not appear before the Family Court due to some health issue but he was duly engaged the counsel to represent his case, however, he could not appear at the time of hearing. He submits that the petitioner has never sought adjournment unnecessarily. In such circumstances, the order of arrest warrant is not justifiable and deserves to be set-aside.

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Upon being asked, learned counsel for the petitioner fairly submits that arrears of Rs.1,17,000/- is due towards maintenance amount and the petitioner is ready to pay said arrear and also ready to pay interim maintenance as ordered earlier to the respondents.

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Having regard to the nature of dispute and considering that the petitioner undertakes to pay arrears amount and also to pay interim maintenance amount regularly, at this juncture, the learned Family Court is directed to recall the order of arrest warrant passed on 30.07.2024. It is also observed that the concerned Court may not pass such coercive order for sending him to jail at this stage.

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The petitioner is directed to pay arrears of Rs.1,17,000/- to the respondent/wife in six installments within a period of six months from September, 2024, in addition to the monthly interim maintenance of Rs.9000/- as ordered earlier.

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It is made clear that if the petitioner fails to pay the aforesaid arrears amount or interim maintenance, the learned Family Court shall proceed in accordance with law.

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With the aforesaid observation, this petition stands disposed of.

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C.C. Today.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Ajay Kumar Choubey v. Smt. Jyoti Choubey

Case brief

What is this about?

What did the court decide?

Ajay Kumar Choubey v. Smt. Jyoti Choubey

Case brief

What is this about?

What did the court decide?

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