AJOY KUMAR SHUKLA Vs. PRIYANKA SHUKLA NEE MISHRA

JUDGEMENT

(1.) The present application under Section 401 read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner/husband challenging the orders dated 17.02.2017 and 08.08.2017 passed by the Learned Judicial Magistrate, Alipore, South 24 Parganas in Miscellaneous Case no.139 of 2013. By the impugned order dated 17.02.2017 Learned Magistrate rejected the prayer of the petitioner to contest the maintenance proceeding filed by the opposite party under Section 125 of the Code of Criminal Procedure after vacating the order of ex parte hearing and on 08.08.2017 Learned Magistrate passed an order of maintenance ex parte in favour of the opposite party.

(2.) By the impugned order dated 08.08.2017 Learned Magistrate has been pleased to allow the prayer for maintenance of the present opposite party under Section125 of the Code of Criminal Procedure ex parte and the present petitioner/husband has been directed to pay Rs.20,000/- per month as maintenance to the present opposite party/wife regularly within 15th day of the next succeeding month. Order of maintenance has been made effective on and from 20.03.2013 i.e from the date of filing of the application for maintenance under Section 125 of the Code of Criminal Procedure. Present petitioner/husband has been further directed by the Learned Magistrate to liquidate the entire outstanding maintenance within ten months from the date of his obtaining knowledge about the order. Liberty has been granted to the opposite party/wife to get the order executed through the process of law.

(3.) Present opposite party/wife filed an application under Section 125 of the Code of Criminal Procedure on 20.03.2013 praying for maintenance to the tune of Rs.20,000/- per month for self. Though the application for maintenance was filed on 20.03.2013, but the opposite party/wife succeeded to serve summons only on 03.11.2016. Present petitioner did not turn up in spite of receipt of summons and as such Learned Magistrate was pleased to fix on 16.12.2016 for ex parte hearing. On that date the petitioner/husband filed an application praying for vacating the order of ex parte hearing and thereafter next date of hearing of the maintenance application was posted for ex parte hearing on 17.01.2017 as Learned Magistrate was on leave.