Sk. Amadulla v. Hosneara Bibi And Another

06-01-2025 Ct. No.34 b.das CRR No. 2374 of 2024 + CRAN 1 of 2024 In the matter of :

Sk. Amadulla ... petitioner.

Mr. Lakshmi Nath Bhattacharya ...for the petitioner.

Affidavit of service filed by the petitioner is taken on record.

The opposite party is not represented.

Though the petitioner initially assailed the order passed by the learned Judicial Magistrate, 3rd Court, Tamluk, Purba Medinipur on 12th April, 2023 in Misc. Case No.639 of 2019 directing him to pay interim maintenance to the tune of Rs. 2,000/- per month for the opposite party and Rs.2,000/- per month for the child, he presently seeks expeditious disposal of the Misc. Case. Learned counsel for the petitioner submits that the opposite party filed an execution case for realization of arrear maintenance to the tune of Rs.16,000/- for the period 12th April, 2023 to 12th August, 2023 and warrant of arrest has been issued against the petitioner by the

learned Magistrate vide order passed on 9th September, 2024 in Misc. Execution Case No.316 of 2023.

The petitioner submits that he has already paid Rs.2,000/- out of Rs.16,000/- and undertakes to pay the remaining amount of Rs.14,000/- in two equal instalments. 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.

In the event the petitioner fails to comply with the direction as stated above, the learned executing court shall be at liberty to take necessary steps against the petitioner, in accordance with law.

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 be stayed still 24th January, 2025. 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, in accordance with law. Since nothing further remains to be adjudicated in the present application, the revisional application being CRR 2374 of 2024 be disposed of.

Consequently the application being CRAN 1 of 2024 is also disposed of.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

( Suvra Ghosh, J. )