LAWS(ORI)-2022-6-9

PARESHNATH MISHRA Vs. ROSALINI PATI

Decided On June 27, 2022
Pareshnath Mishra Appellant
V/S
Rosalini Pati Respondents

JUDGEMENT

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

(2.) The Petitioner in this RPFAM prays for a direction to set aside the order dtd. 7/4/2022 passed in Cr.P. Execution No.7 of 2021, whereby learned Judge, Family Court, Kendrapara issued DW and Conditional NBW against the Petitioner for realization of arrear interim maintenance of Rs.1,03,000.00.

(3.) Mr. Chand, learned counsel for the Petitioner submits that in an application filed by the Opposite Parties under Sec. 125 Cr.P.C. in Cr.P. No.24 of 2017, an interim maintenance of Rs.2000.00 per month was directed to be paid to each of the Opposite Parties in I.A. No.28 of 2017. Due to pandemic of COVID-19, the Petitioner has lost his job and become irregular in making payment for which the arrear has accumulated. However, the Petitioner is making endeavour to clear up the arrear maintenance and is regularly paying reasonable amount out of the arrear maintenance on each date of posting of the case. It is his submission that if easy installments for payment of arrear maintenance is fixed, the Petitioner can clear the arrear maintenance.