Partly allowed

Chetan Sharma v. Neelam Rani

Rajasthan HC19 Jul 2024CRLMP/4300/2024

Case brief

AI extract

What is this about?

The High Court granted leniency to a carpenter facing arrest for failure to pay maintenance arrears. The court allowed Partial payment immediately and installment payments for the balance to avoid custody, while setting aside the order forfeiting his bail bonds.

What did the court decide?

Set aside the order forfeiting bail bonds; allow petitioner to pay Rs. 1 lakh immediately and balance arrears in installments to avoid arrest; restore original bail bonds.

Chetan Sharma Vs Neelam Rani — Maintenance and Alimony | Rajasthan HC (2024)

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[2024:RJ-JD:29464]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4300/2024

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Chetan Sharma S/o Shri Vimal Kumar Sharma, Aged About 35 Years, R/o 339-B, Ashok Nagar - B, Sri Ganganagar (Raj.)

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----Petitioner

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Versus

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Neelam Rani W/o Shri Chetan Sharma, D/o Ramji Das, R/o 158, Meera Vihar, Gali No. 4, Ashok Nagar - B, Sri Ganganagar (Raj.)

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----Respondent

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For Petitioner(s) : Mr. Nitin Goklani. For Respondent(s) : Mr. Mahipal Bishnoi, PP

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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19/07/2024

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Petitioner seeks quashing of the execution proceedings initiated against the petitioner under Section 125(3) Cr.P.C. pursuant to the order dated 05.02.2019 passed by the learned Family Court, Sri Ganganagar.

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Brief facts pleaded in the petition are that the marriage of petitioner and respondent was solemnized on 12.09.2015. On account of cruel behaviour of his wife, petitioner has filed an application under Section 13 of the Hindu Marriage Act before the learned Family Court, Sri Ganganagar. The respondent-wife also preferred an application under Section 125 Cr.P.C. seeking maintenance before the learned Family Court.

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2.1. Learned Family Court vide order dated 05.02.2019 granted the interim maintenance to the tune of Rs.7,000/- per month in favour of respondent-wife.

[2024:RJ-JD:29464]

[CRLMP-4300/2024]

(2 of 3)

2.2. Petitioner filed an application under Section 127 Cr.P.C.

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stating therein that his wife has been living in adultery / settled with someone and sought setting aside of maintenance order. The same is pending consideration.

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2.3. Meanwhile, due to non payment of monthly maintenance, the learned Family Court vide order dated 10.10.2023 forfeited the bail bonds of the petitioner in the proceedings under Section 125(3) Cr.P.C. and ordered to initiate proceedings under Section 446 Cr.P.C. It was further ordered that in case of non-payment of arrears, petitioner was to be detained.

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Heard.

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Having perused the file and proceedings of the leaned court below, I find no grounds to interfere qua the quantum of monthly maintenance.

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However, on the earnest request of the learned counsel for the petitioner, who pleaded that petitioner is currently in severe financial distress and is unable to upfront pay the entire amount of arrears amounting to Rs.1.82 lakhs same shall result in his being taken into custody. Same would cause further delay in making the payment of arrears of maintenance dues, as he would not able to arrange the funds, if taken in custody.

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I am of the view that petitioner deserves certain leniency to arrange the funds.

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In the premise, subject to petitioner - husband paying Rs.1 lakh to respondent – wife within a period of two weeks from today, he shall not be arrested.

(3 of 3)

[CRLMP-4300/2024]

[2024:RJ-JD:29464]

On doing the needful, further payment of arrears shall be paid in installments by the petitioner @ Rs.10,000/- per month until the entire dues of arrears are paid and thereafter shall continuously pay Rs.7,000/- monthly maintenance as awarded by the learned court below. In the premise, impugned order dated 10.10.2023 forfeiting his bail bonds is thus set aside and his original bail bonds are restored.

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Disposed of accordingly.

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Pending application(s), if any, also stand disposed of.

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(ARUN MONGA),J

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49-Sumit/-

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Whether Fit for Reporting:

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Yes / No

Chetan Sharma v. Neelam Rani

Case brief

What is this about?

What did the court decide?

Chetan Sharma v. Neelam Rani

Case brief

What is this about?

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