Single Judge set aside a distress warrant order and directed the petitioner to appear before the Family Court by a specific date, against which coercive steps may be taken if he fails to comply.
The order dated 31.03.2020 is set aside; petitioner directed to appear before the Family Court on or before 19.12.2022.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No. 124 of 2022
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Akhtar Ansari @ Md Akhter, s/o Rafique Mian, age about 34 years, resident of village Saharpur, P.O. Saharpur, P.S. Narayanpur, District Jamtara ….. Petitioner
-- Versus -- Sajda Khatoon, w/o Akhtar Ansari, s/o Idrish Mian, resident of Village Saharpur, P.O. Saharpur, P.S. Narayanpur, District Jamtara
…... Opposite Party
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :- Mr. Ziaul Haque, Advocate For the State :- Mr. Shiv Shankar Kumar, Advocate
5 /02.12.2022 This petition has been filed for quashing of the order dated 31.03.2020 passed by the learned Principal Judge, Family Court, Jamtara in Criminal Execution Case No.27 of 2019, arising from Original Maintenance Case No.48 of 2017 pending in the court of learned Principal Judge, Family Court, Jamtara.
The learned counsel for the petitioner submits that by the impugned order the learned court has issued distress warrant. He submits that the petitioner is ready to appear before the learned court.
Mr. Shiv Shankar Kumar, the learned counsel appearing on behalf of the respondent State submits that if the petitioner is ready to appear before the learned court he may kindly be directed to appear before the learned court.
In view of the above facts and considering that the petitioner is ready to appear before the learned court and the matter is pending, the order dated 31.03.2020 passed by the learned Principal Judge, Family Court, Jamtara in Criminal Execution Case No.27 of 2019, arising from Original Maintenance Case No.48 of 2017 pending in the court of learned Principal Judge, Family Court, Jamtara is set aside.
The petitioner is directed to appear before the learned court on or before 19.12.2022.
If the petitioner fails to appear before the learned court on or before the aforesaid date, all coercive steps shall be taken by the learned concerned court against the petitioner.
With the above observation and direction this petition stands disposed of.
( Sanjay Kumar Dwivedi, J.)
SI/,
1 issue framed by the court
Whether a criminal execution order for maintenance is to be set aside when the petitioner is ready to appear before the Family Court.
Akhtar Ansari
Sajda Khatoon
Sanjaykumardwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
