Rajasthan High Court - Jaipur
Ghasi Lal vs Smt Bhanwari Devi on 22 April, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CRIMINAL MISC.PETITION NO.950/2011. Ghasi Lal Vs. Smt.Bhanwari Devi Date of order : April 22, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ J Shri Anil Yadav for the petitioner. ****** BY THE COURT:-
Counsel for the petitioner submits that warrant of arrest has been issued against the petitioner, who is suffering from paralysis. He has total salary of Rs.1947/- per month whereas, the family court has directed for payment of Rs.2,000/- per month. The entire agriculture land of the petitioner is being cultivated by the respondent-wife, who is enjoying the fruits thereof. When the petitioner earlier filed misc.petition against the order of the family court on the premise that the petitioner retired from service and that his monthly salary is less than Rs.2,000/- and therefore he is not in a position to pay the said amount, this Court required the petitioner to make an application for varying the earlier order before the family court itself. However, the family court has in the meantime, issued arrest warrant to the petitioner and issued attachment warrant as well.
As far as arrears of Rs.25,400/- is concerned, petitioner is ready to pay the same in four equal installments. However, for the subsequent period, matters would be abide by the order that will now be passed by the family court under Section 125 Cr.P.C. Petitioner is required to make payment of Rs.6,000/- per month and thereafter remaining amount of Rs.18,000/- in three equal installments on or before 15/6/2011 and 15/7/2011. Execution of warrant of arrest of the petitioner shall remain suspended so long as compliance of this order is made and before 15/7/2011 amount of Rs.24,000/- is deposited in the court or any other due amount be also deposited in the court. This will however not affect right of the respondents for making recovery against any other amount that may be due in addition to the amount of Rs.24,000/- upto the period of July, 2010.
The petition is disposed of with the aforesaid directions.
(MOHAMMAD RAFIQ), J.
anil