Chattisgarh High Court
Vyas Narayan Kurre vs Smt. Kala Kurre 22 Wpc/1897/2018 ... on 12 July, 2018
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1904 of 2018
Vyas Narayan Kurre S/o Hriram Kurre, Aged About 63 Years ,Niwashi -
Gram Gangajal Via - Navagarh, Thana Shivrinarayan, District Janjgir
Champa, Hal Mukam Ginni Petrol Pump Ke Pass Akaltara Road Shriram
Colony Janjgir, Distict Janjgir Champa Chhattisgarh. ---- Petitioner
Versus
1. Smt. Kala Kurre W/o Vyas Narayan Kurre, Aged About 49 Years R/o Gram
Bhansoj Thana Aarang, District Raipur Chhattisgarh.
2. Prashant Kurre, S/o Vyas Narayan Kurre, Aged About 12 Years (Minor),
Smt. Kala Kurre, Wife Of Vyas Narayan Kurre, R/o Gram Bhansoj Thana
Aarang, District Raipur Chhattisgarh. ---- Respondents
For Petitioner : Mr. Abdul Wahab Khan, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/07/18
1. The petitioner has filed this writ petition against the order dated 20.03.2018 (Annexure - P/3) by which warrant of arrest was directed to be issued against the petitioner under Section 125 of the Cr.P.C for non- deposition of maintenance allowance to the respondents.
2. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law as his application under Section 126(2) of the Cr.P.C. for setting aside the ex-parte order dated 16.06.2015 is pending consideration before the Family Court, Raipur.
3. I have heard learned counsel for the petitioner and perused the order impugned with utmost circumspection.
4. Be that as it may, the petitioner would be at liberty to make an application before the Family Court, Raipur stating that the application filed by him under Section 126(2) of the Cr.P.C. is pending consideration but there is no ground to interfere with the warrant of arrest. As such I do not find any merit to entertain this writ petition.
5. With the above stated observation, the writ petition is disposed of with aforesaid liberty reserved in favour of the petitioner. No order as to cost(s).
SD/-
(Sanjay K. Agrawal) Judge Priyanka