MOHD KAFIL Vs. SUMBUL

JUDGEMENT

(1.) Crl. M.A. 13386/2017(exemption)

(2.) Learned counsel for the petitioner submits that the order dated 13.07.2016 itself shows that the said order was passed without service of notice on the petitioner and without calling for a response from the petitioner. He contends that the said order has been passed without considering the respective income affidavits and capabilities of the parties.

(3.) Learned counsel, without prejudice, submits that even though the petitioner is not in a position to pay the said amount, however, without prejudice to his rights and contentions, he shall make some arrangements and subject to adjustment on an adjudication by the Court, he shall pay the entire arrears of the amount assessed at the rate of Rs.4,500/- per month with effect from 26.10.2015, i.e. Rs.1,26,000/- in four instalments within a period of two months from today.