Paras Sharadchandra Patel vs Mira @ Mona Parasbhai Patel & 3 on 20 March, 2015

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Gujarat High Court

Paras Sharadchandra Patel vs Mira @ Mona Parasbhai Patel & 3 on 20 March, 2015

Bench: N.V.Anjaria

         R/CR.RA/637/2014                                 ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
                  SUBORDINATE COURT) NO. 637 of 2014
                                 With
          CRIMINAL REVISION APPLICATION NO. 638 of 2014
================================================================
            PARAS SHARADCHANDRA PATEL....Applicant(s)
                           Versus
         MIRA @ MONA PARASBHAI PATEL & 3....Respondent(s)
================================================================
Appearance:
MR NIRZAR S DESAI, ADVOCATE for the Applicant(s) No. 1
MR PRATIK Y JASANI, ADVOCATE for the Respondent(s) No. 1 - 3
PUBLIC PROSECUTOR for the Respondent(s) No. 4
================================================================

         CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA

                            Date : 20/03/2015


                             ORAL ORDER

The applicant husband having failed and neglected to pay monthly maintenance of Rs. 25,000/- awarded by the competent court under proceedings of section 125 of Criminal Procedure Code, 1973, was beset with arrears of maintenance to the tune of Rs. 2,50,000/- for the period from 1.6.2012 to 31.3.2013. For non- compliance of the order of payment of maintenance, learned Principal Judge, Family Court, Bhavnagar, by order dated 12th May, 2014, sentenced the applicant to undergo 250 days' simple imprisonment. The applicant has been in jail pursuant to the said order. It is the said order which is sought to be impugned in the first captioned Revision Application No. 637 of 2014.

Page 1 of 3

R/CR.RA/637/2014 ORDER 1.1 The second captioned Revision Application No. 638 of 2014 involve similar facts with arrears of Rs. 2,50,000/- towards maintenance in respect of period from 1.4.2013 to 31.01.2014. Identical order of even date was passed requiring the husband to undergo simple imprisonment, which is challenged in the second Revision Application. Both the Revision Applications were considered together in view of the common facts.

2. It could not be gainsaid that the wife and the children getting the amount of maintenance is a superior consideration to the husband remaining in jail and not paying anything. The matter deserves to be considered in that light and context, since in the course of the hearing learned advocate Mr. Nirzar Desai for the applicant submitted that the petitioner is willing to pay the maintenance to the best of his capacity of pay presently possessed. He submitted that the very fact that he is in jail, prevents him from making any payment. On the other hand, learned advocate Mr. Pratik Jasani submitted that there has been a supine negligence on the part of the applicant and that the total arrears to the tune of Rs. 5 lakhs have been piled up.

3. Since learned advocate for the petitioner, on behalf of the petitioner showed willingness of the applicant for making payments towards the arrears, the following interim order would meet the ends of justice for the present.

(i) By way of interim order, the applicant shall be released on bail on condition of his executing personal bond of Rs.

25,000/-.



      (ii)        Upon being released from the jail, the applicant shall



                                        Page 2 of 3
               R/CR.RA/637/2014                                 ORDER

deposit within one week from the date of his release an amount of Rs. 25,000/- before the trial court concerned. No sooner the amount is deposited with the trial court, did the trial court permit withdrawal of the same in favour of respondent Nos.1 to 3 by issuing an account payee cheque in the name of respondent No.1.

(iii) The applicant shall thereafter, starting from 1st April, 2015, deposit Rs. 15,000/- every month on or before 10th day of every month before the trial court. The said amount, as and when deposited, shall be permitted to be withdrawn by the respondent No.1 to be paid in the same manner as above.

(iv) The aforesaid payments shall be accounted for towards the arrears of maintenance which is due and payable.

4. The aforesaid direction enlarging the applicant on bail shall remain operative till the next date of posting of the matter.

5. Stand over to 27.04.2015. Direct service is permitted.

(N.V.ANJARIA, J.) cmjoshi Page 3 of 3

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