MADHAB CHARAN SWAIN Vs. PRAVATI KUMARI SWAIN

JUDGEMENT

(1.) This matter is taken up through Hybrid mode.

(2.) Petitioner in this RPFAM seeks to assail the order dtd. 6/1/2009 (Annexure-3) passed in Cr.P No.589 of 2006, whereby learned Judge, Family Court, Cuttack directed that the petition for stay of the execution proceeding will be considered on deposit of 50% of the arrear maintenance.

(3.) Mr. Mukherjee, learned counsel for the Petitioner submits that the Opposite Party is the legally married wife of the Petitioner. She had filed Cr.P. No.302 of 2001 under Sec. 125 Cr.P.C. in which learned Judge, Family Court, Cuttack, vide his order dtd. 18/6/2005 (Annexure-1) awarded a monthly maintenance of Rs.1,000.00 to be paid by the Petitioner to her. It is submitted that the said order was passed ex-parte without serving notice on the Petitioner. Thus, the Petitioner could not know about the same. The Petitioner is a poor man and is not in a position to pay the arrear dues. For non-payment of arrear dues, the Opposite Party initiated Cr.P. No.589 of 2006. On receipt of notice in the said Execution Case, the Petitioner appeared and prayed for stay of the execution proceeding to enable him to assail the ex-parte order. Learned Judge, Family Court, Cuttack, on consideration of materials on record and submission of learned counsel for the parties, passed the impugned order. Hence, this RPFAM has been filed.