TARUN BHOWMICK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard Mr. Mrinal Kanti Mukherjee, learned Advocate for the petitioner as well as Mr. Puspal Satpathy, learned Advocate for the opposite party/ wife and Mr. Swapan Kumar Mallick, learned Advocate for the State. Perused the impugned order and the other materials on record.

(2.) Against an ex parte order of awarding maintenance to the wife/ opposite party, the present petitioner filed an application under section 126(2) of the Code of Criminal Procedure for recalling of the said order. By an order passed on Oct. 11,2007 in connection with the said application, the learned Magistrate allowed the same and set aside the order for payment of maintenance on condition that in the meantime the petitioner shall liquidate the entire arrear maintenance with 15 working days and shall file his written objection on condition if the husband/petitioner fails to comply with the order, the order of granting ex parte maintenance shall stand revived and the order of setting aside of the ex parte interim order shall stand automatically vacated.

(3.) Having gone through the order passed on 11.10.2007, I find that the learned Judge has already allowed the petitioner's application under section 126(2) of the Code of Criminal Procedure with contest and set aside the ex parte order passed on 16.10.2006 in connection with the maintenance proceedings but on condition of payment of arrear maintenance and on submission of written objection within 15 working days. Although the petitioner has paid the arrear maintenance but it is true that he could not file the objection within the stipulated period.