TUSHAR SHALIKRAM BHAGAT Vs. RUPLAXMI TUSHAR BHAGAT

JUDGEMENT

(1.) Heard Shri Kariya, learned Counsel for the petitioner and Shri Phasate, learned Counsel for the respondent.

(2.) The petition challenges the order dtd. 21/06/2021, passed by the learned Family Court No.2, Nagpur, whereby on account of arrears of maintenance by exercising the powers under Sec. 421 of Cr.P.C., the Collector Amravati is requested to attach the undivided share of the petitioner, sell out the same and the proceeds of sale be sent to the Court by following the procedure under Sec. 421 of Cr.P.C., and other provisions connected to it.

(3.) Shri Kariya, learned Counsel for the petitioner submits that the provisions of Sec. 421 of Cr.P.C., are not applicable in the instant matter and therefore, the impugned order suffers from a jurisdictional error. He submits that even presuming otherwise that Sec. 421 of Cr.P.C. is applicable, the learned Family Court could not have directed attachment of the immovable property and the undivided share of the petitioner therein, in light of the language of Sec. 421 (b) of Cr.P.C. He further submits that in case any order was to be passed under Sec. 421 of Cr. P.C., the same was restricted to the nature of the provision, as contemplated in Sec. 421 (b) of Cr.P.C., and not otherwise. In fairness, learned Counsel, on instructions, submits that the entire arrears, would be cleared by installments by December, 2022, for which duration, the petitioner will also pay the monthly maintenance, as awarded.