SANJEEV AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Miscellaneous Application has been filed under Sec. 482 of the Code of Criminal Procedure by the Applicant, Sanjeev Agrawal, seeking interference with the order dtd. 1/2/2024 passed by the learned Judicial Magistrate 1st, Dehradun, in Misc. Case No.97 of 2020 (Parul Agrawal v. Sanjeev Agrawal). By the said order, the learned Magistrate issued a recovery warrant for an amount of Rs.5,69,167.00, purportedly towards arrears of interim maintenance payable under the Protection of Women from Domestic Violence Act, 2005.

(2.) The challenge in the present application is confined to the legality and propriety of the recovery order dtd. 1/2/2024, and the manner in which the recovery proceedings were conducted by the court below. The Applicant does not, in these proceedings, assail the original orders granting interim maintenance, but questions the issuance of coercive recovery without adequate opportunity of hearing and without adjudication of objections regarding the calculation of arrears.

(3.) The Applicant and Respondent No. 2 are husband and wife. Their marriage was solemnized on 1/12/1996 in accordance with Hindu rites and customs. Three children were born from the wedlock. It is not in dispute that the parties have been living separately since the year 2017.