ANIL JAIN Vs. SHILPA JAIN

JUDGEMENT

(1.) By invoking the supervisory powers of this Court, petitioner has preferred this petition under Section 397/401 of Code of Criminal Procedure, 1973 (in short 'the Code') seeking the following relief:

(2.) Facts in brief are that respondent/wife has filed an application under Section 125 of the Code claiming maintenance from petitioner which was registered as MJC NO.95/2009. The aforesaid application filed by the respondent was allowed by the trial Court and petitioner was directed to pay maintenance to the tune of Rs.10,000/- per month from the date of filing of application. Since the order of trial Court was not complied with by the petitioner therefore, respondent has moved an application under Section 128 of the Code for the purpose of recovery of maintenance from the petitioner. On the aforesaid application, trial Court has issued a letter dated 30-07-2013 directing the Branch Manager to deduct Rs.10,000/- p.m. from the salary of petitioner and be credited in the account of respondent without issuing show cause notice to the petitioner.

(3.) Counsel for the petitioner submitted that the order dated 30-07-2013 passed by learned trial Court ordering to deduct Rs.10,000/- per month under the head of maintenance from the account of petitioner is arbitrary and contrary to law. It is further submitted that since the respondent is living separately from the petitioner without any cause, therefore, she is not entitled for any maintenance. It is also submitted that since the decree of divorce has been passed between the parties, therefore, respondent is not entitled for any maintenance from the petitioner. Thus, the order/letter impugned passed/issued by the learned trial Court is sought to be set aside. It is also submitted that application of the petitioner to recall the letter dated 30/7/2013 was also dismissed vide order dated 1/11/2013 by the Executing Court.