Utpal Sarkar v. Ranjana Majumder And ORS

Case No :Crl.M.Appl. 0000069/2015 Party Name : UTPAL SARKAR Vs RANJANA MAJUMDER & ORS THE HONBLE MR. JUSTICE S.TALAPATRA Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner. None appears for the respondents despite due notice.

This is a petition for staying the operation of the judgment and order dated 24.09.2014 delivered in Cr. Misc./FC/UDP/19/ 2014 by the Judge, Family Court, Udaipur, South Tripura.

Mr. Bhowmik, learned counsel for the petitioner has submitted that after filing of the petition at the instance of the respondents a proceeding under Section 125(3) of the Cr.P.C. has been launched.

The impugned judgment and order dated 24.09.2014 delivered in Cr. Misc./FC/UDP/19/ 2014 by the Judge, Family Court, Udaipur, South Tripura shall remain stayed till disposal of the connected revision petition being Crl. Rev. P. No.24 of 2015 subject to payment of Rs.2,000/- per month with effect from 01.06.2015. Such amount shall be paid within 10th day of English calendar month. The proceeding as drawn up under Section 125(3) of the Cr.P.C. shall remain suspended if the arrear maintenance is paid in terms of the judgment and order dated 24.09.2014 to the Family Court, Udaipur, South Tripura for payment to the respondent within two months. The petitioner is also directed to pay the maintenance @ Rs.2,000/- till disposal of the connected criminal revision petition being Crl. Rev. P. No.24 of 2015.

If the arrear maintenance allowance be not paid within two months as directed, the Family Court Udaipur, South Tripura shall continue with the execution proceeding on expiry of 2(two) months without any reference to this court. Accordingly, this petition stands disposed of.