CHINTAN ASHOK BUSA Vs. MANSI CHINTAN BUSA

JUDGEMENT

(1.) This Criminal Application No. 167 of 2019 was filed seeking the prayer of expeditious hearing of the main Writ Petition and seeking stay to the execution, implementation and effect of the order dated 22nd February 2019 by which the learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai had issued non-bailable warrant against the Petitioner for a sum of Rs.9,65,000/- as on 22 nd February 2019 to be paid towards maintenance to the respondent.

(2.) In the course of hearing of the said application, for first time it was submitted before this Court on 25 th March 2019 that the applicant is drawing salary of Rs.7,000/- to Rs.8,000/- p.m. and he is employed as worker in Plastic Industry, namely, Khush Enterprises in Vasai, where he pays rent of Rs.1,000/- and, therefore, the interim maintenance of Rs.35,000/- is exhorbitant. This Court had directed the applicant to file salary certificates on record.

(3.) In fact pursuant to the order dated 19 th March 2019 the applicant had agreed to deposit an amount of Rs.2,80,000/- which was not deposited till 25th March 2019, thereafter, this Court had directed the applicant to deposit the said amount in the Court of Metropolitan Magistrate on or before 28th March 2019. The Court had specifically directed, that in the eventuality the amount is not deposited within the stipulated time, the protection granted in respect of non-bailable warrant shall be vacated forthwith. It is clear, that the on 28th March 2019 some amount was deposited and yet there were arrears of Rs.8,20,000/-. The learned Metropolitan Magistrate had directed the petitioner to pay arrears of Rs.9,65,000/- and upon failure, had issued non-bailable warrant.